Civil complaint filed/Civil action Hearing notice

[anebert]

What is the name of your state?What is the name of your state?Pennsylvania
My son received a "Civil Action Hearing Notice" and a "Civil Complaint" filed by a leading CA for a credit card debt owed of $2,523.50 + interest of $1,602.25 + $630.88 for legal action. I received the same notice and complaint in February 2004, but because I filed for bankruptcy in April 2004 that was discharged August 2004, the notice and complaint were withdrawn. The paperwork from district court my son received have "reinstated" stamped across it. This is my credit card debt and I thought was included in the bankruptcy. It does not belong to my son. My son and I have the same names. When my son told them it wasn't his, they said they have his SS#. The only thing I can figure happened was that my son applied for the card when he lived with us and my wife assumed it was mine and gave it to me. My son cannot take time off of work to attend this hearing. If he doesn't attend a judgement by default will be filed against him. I contacted the CA in writing (fax & mail) explaining the situation but they have not gotten back to me. The court date is 12/29/2004. What should I do? I really am strapped for money so paying an attorney will make a hardship for me. thanks.

 

[Ladynred]

Your son had better make arrangements to get to that court date or he's going to lose. Surely he has sick time he can use ?? Have you received ANY paperwork that confirms that the SSN is his and that the account is his ?? At the very least you need to find out. What is in the Complaint ??

How old is this debt ? How long since the original creditor was paid ??
PA has a short 4 year SOL on credit cards.

 

[anebert]

obtaining info to back up their claim

Pennsylvania
How can my son obtain the documentation that the CA says supports their claim? I don't know when the last payment was made and don't have a copy of the application. Can he request that from the CA? Do they have to provide it? thanks

 

[Ladynred]

He needs to pull his credit reports and see if this account shows up. If they're saying its his by his SSN, then it should be reported on HIS reports. You need to pull yours too, see what, if anything, is on them for this account. Equifax will give you the 'date of last activity' which should be the last payment date.

 

[anebert]

W&A asking for SS #'s

I sent a letter to W&A asking for documentation to support their claim of money owed on a credit card. They sent a letter asking for verification of my husbands SS# and my stepson's SS #. Should we supply them with that info?

 

[Ladynred]

YOU don't have to provide THEM with anything. You asked THEM for documentation to prove their claim, that means that THEY must do the work, not you. I wouldn't send them a damn thing, let them do the work they're supposed to do. Let me put it this way.. if you were going to be shot, would you give the executioner the bullets ??

 

[anebert]

requesting SS#'s

Pennsylvania
thanks. that is what I thought. Why are the asking for that info. Shouldn't that be something they have? Should I reply to their letter?

 

[Ladynred]

If they have a VALID claim then, yes, they SHOULD have all the information they need to make their case. They want you do hang yourself. When you request validation (that's what you essentially did), then they have to get the info from the owner of the debt, NOT regurgitate what they may have in their computers.

Until they provide the proof you requested, don't send them anything.

 

[anebert]

W&A told stepson to file police report

My stepson told me that before I wrote the letter to W&A they had called him and when he told them it wasn't his credit card they advised him to file a police report claiming fraud. What is going on with W&A? I simply want them to verify this debt. Any advise or suggestions as to what we should do?

 

[Ladynred]

W&A is whacking the bushes hoping a pigeon will fly out - YOU ! Don't do anything at this point. You asked them to prove the debt, wait for them to do so.