[Cheffie]

What is the paper that was included with the summons titled VERIFICATION is it just a statement saying that they are the Attorney for the bank?
VERIFICATION
I atty name Attorny for the Plaintiff, hereby state:

1. I am the attorney for the plaintiff in this action, and I sign this Verification stating that Plaintiff is out of the jurisdiction of the Commonwealth;

2. I verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief; and

3. I understand that the statements in said complaint are made subject to the penalties of 18 Pa.C.S Sec. 4904 relating to unsworn falsification to authorities.

signed and dated


I want to have my facts straight before I call them

[Cheffie]

Also included was a affidavit of indeptedness

[ScottGem]

The paper is just the attorney saying the facts in the complaint are true. Doesn't work as proof to the court.

You don't give them any info until they verify the debt.

[Cheffie]

I called them and they stated that they are the ones filing the law suit and stated the amount on the suit and it includes their fees and asked me how I wanted to handle it,
Me: I'm not sure if it's a valid account
Them: I see, do you remember having a mastercard account with said bank
Me: I'm not sure
Them: well we have documentation that you did.
Me: I'm not sure,
Them: are you sure about that
Me: I'm totally clueless about this whole thing
Them: I see, well we just continue with the process and possibly get a lien on your home.
Me: well I'm not sure about any of this.
Them: have a nice day.
Me: you too.

My nerves are setting in.

[ScottGem]

What you should have said was:

Them: well we have documentation that you did.
Me: well, can you send me copies of that documentation? If you can prove to me that I owe this money, I may be willing to work out a settlement.

[Cheffie]

Should I call them back, or did I shoot myself in the foot

[ScottGem]

I would call him back and tell him as you told him this is all new to you. But after thinking about it, you don't want to renege on a valid debt, so if they can send you the documentation you can then determine whether you really do owe this money.

[Cheffie]

I called back and said what you advised
They offered a settlement of 11,500.00 due by the end of the month so go get your check book and write the check for 11, 500.00, because it seems that I have a problem with the amount owed, I said that I'm not sure if I can come up with that kind of money if it is a valid debt. They said I have until 4pm to come up with it. I said that I am still going continue with my legal obligation and file my defense, they said well we will put a note in your file not to offer a settlement.

It seems I dig myself deeper and deeper every time I talk to them.

[ScottGem]

They can say anything they want. They are going to try and fluster and intimidate you. Your answer to their settlement offer should have been, that you do not know this is a vaild debt, therefore you cannot accept any settlement offer until you have seen proof.

If they want to play hardball then ignore them and tell them they have to produce verification of the debt before we go any further.

[Cheffie]

I was talking to one woman about seeing if it was valid and that I wanted proof about it and she was going through the file and thinking out loud I was writing down what I could hear and she said last payment date nov.3rd and quickly asked me to hold, then this other woman got on the phone being very mean and was demanding the above.

[ScottGem]

Then stop calling and file your intent to defend. Send a copy to them along with a request for verification.

[Cheffie]

Scott,

I did file yesterday as you wrote your response. I am sending their copy off today with a letter for verification.

Will this be good?
"This is a request for Verification of the alleged debt.
If such provided verification is a matter of fact I would be willing to settle this matter".

Sorry if I am frustrating you

[ScottGem]

That sounds fine

[Cheffie]

Scott,

I have not received any verification from them as of today, Should I be doing anything like a second request or be more specific about what I require. Also should I've had sent a copy to the courts? They keep calling with a automated caller at the end of the message it states "this message is from a debt collector". One message that they left they stated they had "good news".

[ScottGem]

Did you include in the letter to only contact you by mail? And yes you should copy the court in. Don't bother with a follow-up. Wait for the hearing.

[Cheffie]

No, I did not place restrictions on means of contact, I will send a copy to the courts, I am thinking to see what the offer is and provided I can swing the offer I'll just settle it, should I say that I will think about the offer if it's in writing?

[N0help4u]

Here is for Pa,

Pennsylvania Statute of Limitations

Contracts: 4 years, (used to be six).

Contracts under seal: 20 years.

Sale of goods under UCC: 4 years.

Negotiable instruments: 6 years (13 PA C.S.A. . §3118).


Debt collection statute of limitations listed by state

[Cheffie]

here is for Pa,

Pennsylvania Statute of Limitations

Contracts: 4 years, (used to be six).

Contracts under seal: 20 years.

Sale of goods under UCC: 4 years.

Negotiable instruments: 6 years (13 PA C.S.A. .§3118).


Debt collection statute of limitations listed by state

Thanks for the info, If in fact it is from the last payment and/or activity I do not think they really have a case. I think maybe I should request discovery to see. I'd like to settle but I don't know if taking cash advances from other credit cards is the way to go to settle this out.