What is the name of your state? Missouri
My husband and I are being sued on an old Cap One credit card that was paid in full and the account was closed 2/18/2000. The check cleared our checking account on 2/24/2000. The payment was sent to the address listed on the statement for payments and the letter expressing our desire to close the account, along with all cards issued for that account, were sent to the address listed on the statement for inquiries, exactly as instructed to do in our credit agreement.
Fast forward to 8/29/2005....we received a dunning letter from ERS saying we owed Cap One $2,150.13, so I sent them a letter disputing the bill and telling them I could obtain a copy of the check written from my bank, showing the check cleared on 2/24/2000. The date of my letter was 9/05/2005, which also included a limited cease and desist. I informed them in that letter that the bank would charge me $18.00 for the copy, and if they sent me the $18.00 and a stamped, self-addressed envelop, I would obtain a copy of the check, a copy of the last statement, a copy of the letter I sent to Cap One closing the account, and mail it to them. They never contacted me again.
On 10/03/2005 we received a dunning letter from Kramer and Frank concerning the same Cap One account that ERS contacted us about, except the amount was now $2336.21. I sent them the identitical letter as ERS on 10/07/2005. Kramer and Frank then sent a second dunning letterdated 10/14/2005, ignoring the limited cease and desist. I let that go figuring it was sent before they received my cease and desist.
On 1/30/2006, Kramer and Frank filed a complaint for $1,024.63 plus 25.9% interest, and attorney's fees.
Now here is where it gets strange.
I stumbled acrossed the complaint filed by accident, I found it on Casenet.net on 3/14/2006. I called the circut court clerk and said I hadn't been served and the case was scheduled for a pretrial hearing on 3/22/2006 at 1:00 pm. I then asked for service. I waited all that day and the next and no one came to serve me, so I called the circuit court clerk again and she informed me that the process server claimed he tried to serve it but no one would come to the door, but it was obvious that someone was home. He then said he was returning it non est. I then told the clerk that I would file a waiver of service so the case could be heard.
Before the case was called, I filed an answer to the complaint and the waiver of service, having it stamped, but handing the court's copy to the judge myself and a copy to the plaintiff's attorney with supporting documents attached to my filing. My defense is the account was paid off and was closed. Since I sent the cards back to Cap One, as required by my customer service agreement, anything that transpired with that account ater the check cleared my bank on 2/24/2000 was not my obligation or responsibily and that the last payment made on that account was 2/18/2000 and therefore the action was time barred so there is no cause for relief for the plaintiff.
One last oddity. I checked the docket entries for the case and found an entry for a certificate of service for the business records for Zach ****, fdba Digger ******, dated 4/06/2006. Neither of those names are ours, it is someone else's case, which I was able to locate on casenet.net.
Anyone have any suggestions or comments on this? Anyone see where I missed anything or something else I need to do? The trial is set for 4/26/2006 at 2:00 pm.
Thanks
My husband and I are being sued on an old Cap One credit card that was paid in full and the account was closed 2/18/2000. The check cleared our checking account on 2/24/2000. The payment was sent to the address listed on the statement for payments and the letter expressing our desire to close the account, along with all cards issued for that account, were sent to the address listed on the statement for inquiries, exactly as instructed to do in our credit agreement.
Fast forward to 8/29/2005....we received a dunning letter from ERS saying we owed Cap One $2,150.13, so I sent them a letter disputing the bill and telling them I could obtain a copy of the check written from my bank, showing the check cleared on 2/24/2000. The date of my letter was 9/05/2005, which also included a limited cease and desist. I informed them in that letter that the bank would charge me $18.00 for the copy, and if they sent me the $18.00 and a stamped, self-addressed envelop, I would obtain a copy of the check, a copy of the last statement, a copy of the letter I sent to Cap One closing the account, and mail it to them. They never contacted me again.
On 10/03/2005 we received a dunning letter from Kramer and Frank concerning the same Cap One account that ERS contacted us about, except the amount was now $2336.21. I sent them the identitical letter as ERS on 10/07/2005. Kramer and Frank then sent a second dunning letterdated 10/14/2005, ignoring the limited cease and desist. I let that go figuring it was sent before they received my cease and desist.
On 1/30/2006, Kramer and Frank filed a complaint for $1,024.63 plus 25.9% interest, and attorney's fees.
Now here is where it gets strange.
I stumbled acrossed the complaint filed by accident, I found it on Casenet.net on 3/14/2006. I called the circut court clerk and said I hadn't been served and the case was scheduled for a pretrial hearing on 3/22/2006 at 1:00 pm. I then asked for service. I waited all that day and the next and no one came to serve me, so I called the circuit court clerk again and she informed me that the process server claimed he tried to serve it but no one would come to the door, but it was obvious that someone was home. He then said he was returning it non est. I then told the clerk that I would file a waiver of service so the case could be heard.
Before the case was called, I filed an answer to the complaint and the waiver of service, having it stamped, but handing the court's copy to the judge myself and a copy to the plaintiff's attorney with supporting documents attached to my filing. My defense is the account was paid off and was closed. Since I sent the cards back to Cap One, as required by my customer service agreement, anything that transpired with that account ater the check cleared my bank on 2/24/2000 was not my obligation or responsibily and that the last payment made on that account was 2/18/2000 and therefore the action was time barred so there is no cause for relief for the plaintiff.
One last oddity. I checked the docket entries for the case and found an entry for a certificate of service for the business records for Zach ****, fdba Digger ******, dated 4/06/2006. Neither of those names are ours, it is someone else's case, which I was able to locate on casenet.net.
Anyone have any suggestions or comments on this? Anyone see where I missed anything or something else I need to do? The trial is set for 4/26/2006 at 2:00 pm.
Thanks