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Dee726 · Mar 6, 2009, 10:39 AM

I am being sued by a third party debt buyer. The affidavit has a difference account number on it, The original company that issued the credit card is not on it. I have answered the summons (which is the first I heard of this company) and no court date on summons, three weeks later I received a letter asking to call the third party agency to settle this before the court date. I then sent them a DV and did not hear anything until they sent me a notice for a scheduling Hearing in front of a judge. I called the court house and they told me just to bring my calendar. I am fighting this because I believe that they do have enough information to go forth with this law suit and I do not know if this is my debt. Before someone yells at me about not paying my debts. I have had a stroke and I do not work. I have been working with all other creditors and have paid in full six of them since my stroke in 2006.

Dee726 · Mar 6, 2009, 10:54 AM

This is not an answer but I forgot to ask the question. Do I have a chance of winning this lawsuit.

JudyKayTee · Mar 6, 2009, 11:32 AM

Is it your debt or not? That will determine your chances and their chances.

What State?

I just noticed you had the same problem in December - same company or different company?

ballengerb1 · Mar 6, 2009, 11:53 AM

Please answer Judy's question and also tell us when the last payment was made on this card. Have they given proof that this is your debt? Since they have the wrong account number on the affidavit you can deny this debt.

Dee726 · Mar 6, 2009, 01:04 PM

State of WI- I do not know if this is my debt or not it is not my account number. Nor have I every had an credit card from this company with this account number. I Have not purchased anything with a credit card since 2002. They say the last time I paid anything was in 2007. I have to be honest, I know for sure that I did not pay anything then, I could hardly write my own name. According to the summons this was sold three times to third party debt collectors. The current collector got it in September of 2008. If it is mine they do not have the original creditor nor original credit card number so I do not know one way or another. I am going to fight this on principle alone. I hope I have answered your questions about my case. Do you have any more ideas about how to continue and what I can expect at court. Thank You.

JudyKayTee · Mar 6, 2009, 01:39 PM

Is this the same debt you asked about in December?

ScottGem · Mar 6, 2009, 01:45 PM

Unless they can prove this is your debt, then you have a good chance of beating it. Sounds like that may not be able to do that.

Dee726 · Mar 11, 2009, 02:16 PM

Went to the scheduling hearing today. This was with a law staff member and the plaintiff, I was in person and plaintiff called in. The plaintiff, said they have requested documents and it would take about four months to get them. He also stated that this is not on my credit report but could use addresses to assume this was my debt. However, how would that work if I had a statements from that company for a different account? Who would they go to to received these documents from? I can at least rest until we go to court. But do have to fill out a discovery form when they send it. We will see what happens. Will update update you as well.