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Katie4868 · Jan 15, 2008, 02:54 PM

Hello. I am new at this and have been reading information online about Debt Collectors and their tactics. I am due in court the first week of February and I am not sure how I am going to go about this. I have already requested a trial so this will be my first trial date. I am being sued for a college debt, it is not over the statue of limitation... it is a year longer... darn, but the debt I am being sued for is nearly doubled.

After college, I paid off all of my debt and still had MBNA to pay off. I agreed to a settlement with the company after he told me I would go to jail if I didn't pay. So, I gave them my checking account number and authorized a 1000 dollars to be withdrawn. Then, I would make payments of 500 to pay off the rest of the amount, 5000 dollars. Well, sure enough, they decided to debit the whole amount out of my account, which I did not have or I would have paid them to leave me alone. I had to put a stop payment on the electronic check at my bank.

After that ordeal, I wrote a letter to the BBB, Better Business Bureau, about how they unlawfully withdrew the wrong amount out of my account. They (MBNA) responded to this saying that I agreed to the amount, which I didn't. Well, long story short... I spoke with a representative from MBNA and I would not give them my checking account number nor agree to make any payments over the phone. MBNA told me that they fired the representative, but I still didn't trust them. I told them to bill me in the mail and I never received another thing from them.

I never heard from them until now... that was 5 years ago. I tried to call MBNA two years ago to clear this up, but could not get through to anyone. The automated message kept asking for my account number and I would enter it, but it would say that it was not valid.

So, here I am. I received a summons to go to court. I showed up and my name was never called. I confronted the lawyer on my case and she told me that she never received anything that said I was summonsed. So, we rescheduled the court date... I showed up and requested a trial. I owe about $6000 - 7,000, but I am being sued for $14,000.

Does anyone have any advice for me? I am not sure what I should do next. I have never agreed nor denied the debt, but there is no way I am paying 14,000 dollars when I only owe 6-7,000 dollars.

I live in Illinois and the courthouse is only a few miles from my house.

Thanks for reading.

Cvillecpm · Jan 15, 2008, 03:35 PM

Get an attorney * this will signal their attorney to settle!

Katie4868 · Jan 16, 2008, 08:15 AM

I have thought about getting an attorney, but I thought I could handle this on my own. Is it possible I would have to pay for the total amount even if I do not owe that without representation of an attorney? What type of attorney should I contact? This is going to cost me a lot of money especially with having to pay back my debt. I wanted to represent myself. I believe that I am capable, but I am not sure where to start. I have a degrees in marketing/advertising & journalism, not law.

I believe that it is the burden of proof for the lawyer to prove I owe the total amount. I have paperwork proving that I owe $6,000. Also, I filed a letter of validation (certified) with this law firm in Chicago and I received no response. Any other suggestions?

Katie4868 · Jan 16, 2008, 02:19 PM

I am not sure about that. You will have to post your own questions separately from this post. By doing so, your post will be more noticed on the topic rather than the one I have posted. Some people might be more informative with disability than I am. Thanks.

Katie4868 · Feb 4, 2008, 02:15 PM

Just wanted to share the great news! I represented myself in court and the case against me was dismissed! Thanks.

nsp_chic1 · Feb 6, 2008, 10:32 PM

Congratulations! How did you accomplish this. I am in a similar situation myself and would appreciate some input. I just got my summons today and have to reply before the end of the month.

Please help!

Katie4868 · Feb 7, 2008, 07:32 AM

My advice for you is to show up to court and request a trial. The judge is going to ask you if you owe the debt and you answer no, I am disputing this debt because I do not owe what they say I owe. Then, you go to Trial.

ScottGem · Feb 7, 2008, 08:56 AM

Originally Posted by nsp_chic1

Congratulations! How did you accomplish this. I am in a similar situation myself and would appreciate some input. I just got my summons today and have to reply before the end of the month.

Please help!

Please review the MANY threads in the Bankruptcy and Debt or Credit forums that discuss just how to deal with this. If you have any questions after checking out a few of those threads, please start a new thread.

Katie4868 · Feb 7, 2008, 03:38 PM

I would read the information posted by swapwap. Good luck.

isaac leto · Feb 11, 2008, 03:54 AM

Hi my name is Isaac please don't fall for that, your state statue of limitation law is five years , if the court didn't find any case for you at the court that means they didn't file any law suit against you. I used to work for a credit card combany collections depatment. Trust me they will lie to there teeth just to scare you but it is ilegal to collect anything from you even a penny. But if you need me let me know.stand firm.:) :)

ScottGem · Feb 11, 2008, 07:11 AM

Originally Posted by isaac leto

. trust me they will lie to there teeth just to scare you but it is ilegal to collect anything from you even a penny.

That's not quite true. If the debt is valid, then iits certainly legal for a creditor to collect on a debt they own. If the statute oflimitations has expired it only means they can't use the courts to aid in collecting.