[Angel007]

Hi whoever can help me, I will appreciate it with all my heart.

I received a court citation today by the local district court. Apparently, the company FRIC (first resolution investment corporation) says I owe some 4,019 dollars from an original creditor City Bank Visa, this amount includes attorney fees what so ever. This company wrote on the court citation papers that I have an AKA or another name which I really do not have. This is the first time I hear of such. Ive only had two credit cards which was back in 1999 when I started college. I know I owe one card and its on collections that's not the one I'm being brough to court for.

Plaintiff attached a copy of the City Credit Card Agreement, however did not attached the agreement with any signature on it.

I went to court the next day I received this letter and the court clerk told me I had to write an answer wich I did. I wrote that the company bringing me to court did not attach an agreement with my signature on it (which I don't know if they really have or not).

Honestly I do not recall owing so much money and I do not have an AKA or an also known as name.

What Should I do?

[excon]

Hello Angel:

If the debt is yours, and you fight it yourself (like you're trying to) you're probably going to lose and then you'll owe even more. But, if it's NOT your debt, then fight it.

If you're going to fight it, however, you need a hired gun on your side, just like the other guys have. If you go to court un-armed, then you're lose that too, and you'll owe even more.

The best solution (because the debt is probably yours), is to call them up and offer them some cash to begin the negotiations.

excon

[mr.yet]

Demand they produce the original contract, if they fail to do so, Motion the court to dismiss with prejudice.

Deny all until they produce the original contract nothing less.

[Angel007]

Thanks. I was doing some research online and I came up with the statue of limitations. I live in the state of Massachusetts and the statue of limitations is 6 years. I also looked at my credit report and supposedly this account was open with FRIC on 4/2006. I did not have a or applied for a credit card any where close to that date. Like I mentioned it was back in 199-2000.

[excon]

Hello again, Angel:

They aren't the credit card company, so the dates aren't going to line up. They're scumsucking collection agencies. The credit card company probably dusted off an old box of uncollectable debts and sold them to this FRIC(ing) company for around $.10 on the dollar.

I'll bet it's still yours, though. IF, however, the statute of limitations has expired, these FRIC(ing) people probably found it in the dumpster...

excon

[Angel007]

Thanks excon I really appreciate your answer. However, the statue of limitations says no credit company nor collections can sue you after 6 months of original creditors last date of activity. So how are these collectors suing me if its been about 6 years or more of the last activity date with original creditor?

What should I say when I get to court? Should I deny ? Should I say I do not recall owing so much?

[excon]

Hello again, Angel:

I think you're mixing up two laws. The Fair Credit Reporting Act, discusses what can and can not be put on your credit report, and it also sets out some time limits.

However, your state statute of limitations discusses when an aggrieved party may sue another. THAT statute, as you yourself noted, is six years, so this is going to be close.

excon

[Angel007]

You mean I will win the case? That I won't have to pay and case will close? I checked my credit report and the FRIC says Date opened 4/2006. However the orignal opening date of the original creditor (city bank visa) is not listed. I did not open no account on 4/2006 unless this is the date that this collection agency bought the account. But according to the statue of limitations, only the last date of the original creditors use is considered. any suggestions?