[jay1pizza]

Hi, I received a summons 6 months ago from midland and lawyers.I sent answer
Certified mail and ask for credit card charges so I could identify the account.
Here it is 6 months later 7 they send me a printout of credit card charges,account
Number.. etc.At the initial response I stated my inability to recognise or admit
The account is mine,now I do realize the account.They state before moving on to
Contact them to discuss issues in the case,or if I just need time to pay account
They will be glad to work a reasonable payment arrangement or settlement.They have
Sent me the discovery in which I need to admit or deny certain things.I do not
Want to lie and I am not some deadbeat just caught up with finances and trying
To keep roof over head... I am on ssi and is the only income as I sent this during
First response but this did not stop them pursuing.I believe I will be dragged into
Court anyhow but I'm barely making it now.I have to also pay for medications out
Of pocket expenses.. etc. If I admit which I know is right but simply just can't
Afford pay,can my income be touched? Also,I am in a home with myself & 2 other
Parties on the mortgage/deed which will be paid off soon & I believe could
Also be a motive for a lien and pursuance? I would call the lawyers but that
Will be useless as I could not even afford $20 a month even if they would accept such
An offer.Does anyone know how to handle this or how it will turn out?
I assume it won't be dropped since I have to answer the discovery and the judge
Will probably want me to pay something and all I have is ssi? Thanks

[tickle]

Here is my take on your situation and you will receive more answers as this thread progresses. When did this credit card debt start, when did you stop paying? I am asking this because you may be protected by the statute of limitations in your state. How much is involved? They really are sending you through the loops with discovery and all, but once you start paying them, the statute of limitations starts all over again and will be never ending.


Lets get some information settled out first though.

Tick

[jay1pizza]

Best of my knowledge is the card was active in 2004 and finance charge as late of feb,2008.. I do not know or can dertermined when last payment was made.with inflated fees $2800? Thanks

[tickle]

What state are you in ?

[jay1pizza]

I am in Mississippi

[tickle]

I guess you are out of luck as far as statute of limitations goes, it is 3 years in Mississippi, so they can legally try to collect this debt.

Tick

[jay1pizza]

Does it even matter why they took so long to answer? And the discovery only have some printout transaction history with my name,account#,creditor which is still in my opinion not enough to substantiate that I own the debt as I can't recognise any the charges.Do I send a discovery and ask for proof of the date of opening the account with creditor,signed contract and proof they purchased the account and was assigned it by original creditor? It seems they were sold the account by another jdb? They are asking for my ssn# and I will object to giving it until this goes further to court? Do I still have a chance with my discovery to them to get them to maybe drop it? I was also thinking to have them provide check payments? Should I deny all in interrogatories or just those that apply? I simply can not admit to just because they sent a transaction history,what more could they have or produce to substantiate because that is not concrete if you asked me? It also states if I am proven that it is my account I pay all fees,what would be ballpark on that? They have the burden right?

[jay1pizza]

They included an exhibit A which is CC account agreement in the original summons bit what strikes me is that Jefferson Capital System,LLC ("Seller"),for value received,without recourse,assigns,sells,and delivers to Midland Funding LLC ("Buyer"),all right,title and interest in and to (I) the accounts which are described on the relevant computer file furnished by Seller to Buyer in connection with the purchase of accounts under the agreement.. etc No where does it says the original creditor which is Providian,assigned the account to midland?

[tickle]

They buy and sell for so many cents on the dollar if they think they can collect, they will use any means possible. Do not furnish your ssn #. Fire it back with them as you suggested. You say you don't recognize the charges. Did you have a secondary card holder on your account ? If so, could these charges be from that card holder?

Yes, ask them for the copy of the original contract, but they won't be able to produce it. I don't know what the ballpark would be on all fees. That would be court costs, interest charges on the original debt and of course the original balance.

Don't admit to anything and keep your contact with them to a minimum.

Being in Canada, I don't recognize any of these people.

Tickk

[jay1pizza]

Thanks tickk.. If I lose what will be the outcome.. Being that I am on an income that is judgement proof,will I be made to pay from my limited income on court order or will it be awarded as judgement or lien on my property?

[jay1pizza]

In the interrogatories they are requesting my social security number.If I don't comply will they
Proceed with judge order? Just would like to nip things in the bud.. If I submit the SS# they can not touch my judgement proof account or freeze it before they get judgment can they? Thanks

[tickle]

They can't do anything before they get a judgment.

Tick

[jay1pizza]

So,since this is pre-trial visions and interrogatories are not court filed,am I obligated to give them my social security number now in the response? Can I just wait till the official court date is scheduled & see what happens pertaining to that objection or omittance? Thanks

[tickle]

I wouldn't give them your ssn # until you get to court and the judge wants it. With you ssn# they can find out anything about you they want. Here in Canada we are not obligated to give it out.

Tick