Summons On 13 Year Old Dedt

[PAZ]

What is the name of your state? OHIO

I JUST RECEIVED A SUMMONS FROM DELEWARE COUNTY WHICH IS WHERE I LIVE
ITS A 13 YEAR OLD CITIBANK CC FROM 11/93 WHICH IS WHEN THEY SAY I LAST
MADE A PYMT.MY CONCERN IS I HAVE PERFECT CREDIT AND WORK IN BANKING,I
DON'T REMEMBER A CITIBANK CC BUT IF I HAD ONE AND OWE IT I WILL PAY IT.I HAVE 3
QUESTIONS.

IF THEY THEY GET A JUDGEMENT WILL IT SHOW ON MY CREDIT REPORT WHEN ITS
13 YEARS OLD
CAN I GO TO THE COURT HOUSE AND RESPONED TO THE SUMMONS THEY SAY I HAVE 28 DAYS, AND WHAT SHOULD I DO AND TAKE WITH ME TO THE COURT HOUSE
AND LAST IF I PAY IT WILL IT SHOW UP ON MY CREDIT BUR

[Ladynred]

IF THEY THEY GET A JUDGEMENT WILL IT SHOW ON MY CREDIT REPORT WHEN ITS
13 YEARS OLD

If they get a judgment it likely will show up in the public records section of your reports and it will definitely kill your 'perfect credit'. The old debt itself can NOT be reported.

CAN I GO TO THE COURT HOUSE AND RESPONED TO THE SUMMONS THEY SAY I HAVE 28 DAYS,

You must file a proper Answer in WRITING within the 28 days. For a debt that old, it can't be Citi that is suing you, it has to be some junk debt buyer.

AND LAST IF I PAY IT WILL IT SHOW UP ON MY CREDIT BUR

No, it should NOT, as long as you pay it before they get a judgment. No collection can outlive the obsolescence of the ORIGINAL debt. That means that the orginal debt is long gone off your reports and NO collection, not even a paid one, can be reported to the credit bureaus.

You can find info on how how to Answer a lawsuit here:
[url]http://www.legalhelp.org/public/answering_complaint.php?PHPSESSID=4c42f8028b83de4c0274a426a79b7251[/url]

[PAZ]

Originally Posted by Ladynred

If they get a judgment it likely will show up in the public records section of your reports and it will definitely kill your 'perfect credit'. The old debt itself can NOT be reported.


You must file a proper Answer in WRITING within the 28 days. For a debt that old, it can't be Citi that is suing you, it has to be some junk debt buyer.


No, it should NOT, as long as you pay it before they get a judgment. No collection can outlive the obsolescence of the ORIGINAL debt. That means that the orginal debt is long gone off your reports and NO collection, not even a paid one, can be reported to the credit bureaus.

You can find info on how how to Answer a lawsuit here:
[url]http://www.legalhelp.org/public/answering_complaint.php?PHPSESSID=4c42f8028b83de4c0274a426a79b7251[/url]

thank you for your quick response,yes its a junk debt buyer
and what do you recommend i should do,should i answer the summons
or ask what is the debt made up of it has to be from 1991 or 1992 if
last pymt was made in 1993 will they keep records of what i bought,any advise
would help
and if i pay how do i know they still won't get the judgement

[Ladynred]

Definitely answer the Complaint. Since it IS a junk debt buyer, and the chances of them having a shred of paperwork or proof the debt is yours are slim to none, make your Answer a general denial of all allegations. Your Answers should be Affirm (agree), Deny, or 'Lack sufficient knowlege'. The only thing I would 'affirm' is your name ! You say you don't remember having a Citi account -- so answer that allegation with 'lack sufficient knowledge..'. Same goes for anything that alleges a specific amount - you have no way of knowing how they came up with the amount they allege you owe.

last pymt was made in 1993 will they keep records of what i bought

Believe me, for a debt THAT old they have NOTHING in the way of those kinds of records, or any other kinds of actual records for such an account.

if i pay how do i know they still won't get the judgement

If you pay it they have no grounds for a judgment, the lawsuit should be dropped.

[tamijean]

how do i get to lady reds forum, bigun and ladyred are so awesome!

[PAZ]

Originally Posted by tamijean

how do i get to lady reds forum, bigun and ladyred are so awesome!

I FORGOT TO MEMTION THE SUMMONS WAS FROM ASSET ACCEPTANCE,I SENT THEM A RESPONSE AND COPIED THE ATTORNEY AND THE COURT HOUSE,DO YOU THINK THIS WILL BE ENOUGH TO GET THEM TO GO AWAY
THE REASON I BRING THIS UP I SAW A POST ABOUT THEM TODAY HOW THEY GO AFTER OLD DEBT AND IF YOU FIGHT THEM THEY GO AWAY CAUSE THEY KEEP NO RECORDS,ALSO WILL I HEAR FROM THE COURT IF THEY DO SET A DATE CAUSE WHEN I CALLED THE COURT HOUSE NO DATE WAS SET

[debtcollector`]

No you will not hear about a potential court date if you fail to file your answer.

Sending a letter to Asset is not a legal filing. Follow the directions on the summons. If you do not, Asset will win.

DC

[PAZ]

Originally Posted by debtcollector`

No you will not hear about a potential court date if you fail to file your answer.

Sending a letter to Asset is not a legal filing. Follow the directions on the summons. If you do not, Asset will win.

DC

I DID FILE A RESPONSE TO THE SUMMONS AT THE COURT HOUSE AND SENT COPIES TO THERE ATTORNEY AND ASSET CERTIFIED

[PAZ]

Originally Posted by paz

i Did File A Response To The Summons At The Court House And Sent Copies To There Attorney And Asset Certified

How Long Does It Take To Here From The Court Or Attorney If The Case Will Be Dropped Or Go To Trial
I Filed A Response At The Court House And Sent Certified Copies To Asset Accpt And There Attorney,
Also They Can't File A Judgement Unless I Get A Reply From Them,is That True

[Ladynred]

Also They Can't File A Judgement Unless I Get A Reply From Them,is That True

Unfortunatly that is NOT true. If your Answer did nothing to make your case against ASSet getting a judgment, ASSet will simply file a Motion for Summary Judgment and it is likely to be granted.

[PAZ]

Originally Posted by Ladynred

Unfortunatly that is NOT true. If your Answer did nothing to make your case against ASSet getting a judgment, ASSet will simply file a Motion for Summary Judgment and it is likely to be granted.

IN MY RESPONSE I STATED I LACK SUFFICENT KNOWLEDGE OF THIS DEBT AND ASKED FOR COPIES OF SIGNED RECEIPTS AND RECORDS OF THIS 13 YEAR OLD DEBT

YOU THINK THIS WILL DO

[debtcollector`]

Originally Posted by PAZ

IN MY RESPONSE I STATED I LACK SUFFICENT KNOWLEDGE OF THIS DEBT AND ASKED FOR COPIES OF SIGNED RECEIPTS AND RECORDS OF THIS 13 YEAR OLD DEBT

YOU THINK THIS WILL DO

No. They will get a summary judgment and proceed against you. Talk to a lawyer tomorrow and see if they can extract you from this.

DC

[PAZ]

Originally Posted by debtcollector`

No. They will get a summary judgment and proceed against you. Talk to a lawyer tomorrow and see if they can extract you from this.

DC

DEDTCOLLECTOR: I TOOK YOUR ADVISE AND GOT A ATTORNEY,JUST GOT A NOTICE FOR A NON-ORAL PRE-TRIAL WHICH NOBODY ATTENDS FOR 8/1/06,SO I'LL KEEP EVERYBODY POSTED,SEEMS THIS ASSET ACCEPT GETS A LOT OF POSTS ON THIS FORUM.

[Johndoe01]

Originally Posted by debtcollector`

No. They will get a summary judgment and proceed against you. Talk to a lawyer tomorrow and see if they can extract you from this.

DC

Why not? I thought that since the debt is that old, he should have the right to ask them to validate the debt, right? And also how they came up with that amount, right? This is interesting because I'm in an almost situation, except that my debt is not that old. So you meant that if I file Answer to ask them to validate my debt, I will automatically loose?
Thanks for the help!

[Ladynred]

Why not? I thought that since the debt is that old, he should have the right to ask them to validate the debt, right?

Once a lawsuit is underway it's pointless to ask for validation in the usual way. A PROPER answer to a complaint means you answer every single allegation in the complaint with 1 of 3 answers; 1)affirm 2) deny 3)Lacks sufficient knowledge.. The rest of an answer includes stating any affirmative defenses you may have : expired SOL, lack of jurisdiction, etc. .. saying you want proof of the debt is NOT a defense and it does not address the allegations in the typcial complaint.

In the law, you follow form and procedure and failing to do so will get you ignored, dismissed, etc.

So you meant that if I file Answer to ask them to validate my debt, I will automatically loose?

If that is all that your Answer consists of, yes. The Plaintiff will file a Motion for Summary Judgment, probably say that you failed to state a claim or a defense, and the judge will find in their favor - you lose.

The time to ask for validation is BEFORE you get sued. After you get sued, you have to argue for proof before the judge, and thru discovery. You send them a interrogatories and ask anything you want.