Boyfriend was handed papers saying I'm being sued...now what?

[blahbleebloo]

What is the name of your state (only U.S. law)? California

Hi there,

I haven't posted in a while because (thankfully) I haven't had need of too much legal advice, but now I've gotten myself into a pickle. Tonight, my boyfriend answered the door, and someone asked for me. He responded that I wasn't home, and the woman asked if he lived with me (he told her he was my roommate), and she handed him papers and left without saying another word. When I got home, he handed them to me.

I'm not going to question the service (I don't know enough about how that is supposed to work to make a stink about it, I just thought I'd relay how it happened in case anyone else thought it was weird...I've never been served before!), but I do question whether this falls under a statute of limitations thing. Here's the 411:

I had a Credit Union account 2007-2008, and enjoyed it very much, but stopped using the account after some fraudulent charges appeared. I managed to get the charges reversed, but continued to not use the account (I recognize now I should've just closed it, but hindsight being 20/20 and all). I opened an account with Chase bank and used that one. Unfortunately, the account still had things being charged to it (what they were I have not been able to determine; they could be mine or not, but I've requested details of the $ amount and have received nothing), and the charges (overdraft mostly I would imagine) kept going up until now I apparently owe $2100.

My understanding is that the SOL on contracts is 4 years in California...the filing date on this notice says 11/20/12. Here are my initial questions:

1. Can I request documentation for the Creditor before the court date in order to see what proof they have against me?
2. If I can request this documentation, and the dates indicate that the SOL has expired, what should my actions be?
3. The notice that I received states there should be 5 pages; I only received 3. How do I receive the other 2? Does this affect service at all?
4. If I want to try to settle with the Creditor, how should I go about making sure that they drop the case in the event a settlement is reached?

I truly appreciate any information anyone can offer!

~A

 

[sandyclaus]

What is the name of your state (only U.S. law)? California

Hi there,

I haven't posted in a while because (thankfully) I haven't had need of too much legal advice, but now I've gotten myself into a pickle. Tonight, my boyfriend answered the door, and someone asked for me. He responded that I wasn't home, and the woman asked if he lived with me (he told her he was my roommate), and she handed him papers and left without saying another word. When I got home, he handed them to me.

I'm not going to question the service (I don't know enough about how that is supposed to work to make a stink about it, I just thought I'd relay how it happened in case anyone else thought it was weird...I've never been served before!), but I do question whether this falls under a statute of limitations thing. Here's the 411:

I had a Credit Union account 2007-2008, and enjoyed it very much, but stopped using the account after some fraudulent charges appeared. I managed to get the charges reversed, but continued to not use the account (I recognize now I should've just closed it, but hindsight being 20/20 and all). I opened an account with Chase bank and used that one. Unfortunately, the account still had things being charged to it (what they were I have not been able to determine; they could be mine or not, but I've requested details of the $ amount and have received nothing), and the charges (overdraft mostly I would imagine) kept going up until now I apparently owe $2100.

My understanding is that the SOL on contracts is 4 years in California...the filing date on this notice says 11/20/12. Here are my initial questions:

1. Can I request documentation for the Creditor before the court date in order to see what proof they have against me?
2. If I can request this documentation, and the dates indicate that the SOL has expired, what should my actions be?
3. The notice that I received states there should be 5 pages; I only received 3. How do I receive the other 2? Does this affect service at all?
4. If I want to try to settle with the Creditor, how should I go about making sure that they drop the case in the event a settlement is reached?

I truly appreciate any information anyone can offer!

~A

I suspect that the creditor has already tried to reach you to settle the matter. Probably didn't help that you kept tossing those notices in the trash, or ignoring the phone calls.

It seems they have decided that the best course of action is to sue. You could TRY to reach them to settle, but I wouldn't count on it.

 

[blahbleebloo]

Well the thing is that I didn't throw away the notices - I've been trying to get them to give me more information about the debt. I left messages for the collection agency, and wrote letters to the agency and to Chexsystems (that was the first place I saw the debt, my Chexsystems report).

Unfortunately I don't necessarily have proof of all of that, but I honestly did try.

So again, is there any kind of rule that says that they should supply me with the proof/documentation before the court date? Or do I have to wait until then?

Also, the notice says that the date the debt was incurred was 7/29/12. This is just simply untrue. Again, I just would like to see some documentation of this debt before I pay it, and I've been asking them for it, and now they've sued me. Do I NOW have any grounds to get that information?

Thanks,

~A

 

[mmmagique]

Go to court and answer with the affirmative defense of SOL, also ask for proof the debt is yours and that they have the right to collect on it.
You may or may not be within SOL, as it's cutting it close both ways. The best thing you can do is go to court and make them prove everything they are claiming. Make them spend some money, time, and work on this case.

 

[jiggy78]

You dropped the ball not closing the account. Big time. You failed to dispute the fraudulent charges on the account in time so that makes you responsible for them.

 

[Zigner]

Go to court and answer with the affirmative defense of SOL, also ask for proof the debt is yours and that they have the right to collect on it.
You may or may not be within SOL, as it's cutting it close both ways. The best thing you can do is go to court and make them prove everything they are claiming. Make them spend some money, time, and work on this case.

OP stopped using the account in 2008 and the charges continued accruing. That means that charges were accruing in 2009. 2009 to 2012 is less than 4 years.

 

[TigerD]

OP: There is no way out of this without paying. You are either going to pay an attorney, or pay the creditor.

DC

 

[blahbleebloo]

Honestly, my goal was never to get out of this without paying. Undoubtedly I do owe them some money because I failed to close the account. That's my fault, and I'll take responsibility for that. However, I can't seem to get an accounting of why the balance is so high. I even tried calling the bank themselves and can't get anyone to return my phone calls. I have copies of all of the letters I sent to the collection agency as well as Chexsystems requesting a statement, but they were just sent regular mail, which I'm sure was a mistake.

I'm just not sure what my rights are about getting this information, and when. Do I have to wait until the court date? Or am I entitled to see what they have against me before hand? And if so, what's the best way to go about getting it? I keep running into brick wall after brick wall.

I know you guys hear this a lot, but I really do want to pay what I owe. I just feel it would be foolish of me to pay beyond that, since I have discovered, to my chagrin, that money doesn't actually grow on trees. =\

Thank you!

~A

 

[Zigner]

You have been sued. The proper way to request information is through a process called "discovery". You may wish to research that a bit then come back with questions.

 

[blahbleebloo]

You dropped the ball not closing the account. Big time. You failed to dispute the fraudulent charges on the account in time so that makes you responsible for them.

Actually I did dispute the fraudulent charges, and they were removed. I only mentioned them because that was around the time I stopped using the account. And yes, I know I dropped the ball by not closing the account. I honestly thought it would just sit there for a while with a 0 balance, which was stupid I know. And I'm willing to pay for my stupidity, but so far it just looks like they pulled an amount out of thin air, since I can't seem to get an accounting.

 

[mmmagique]

You will be allowed to request (and receive) a full accounting of how they came to the amount they have. If you can find your paperwork from when you signed up for the account, you can check to make sure they followed it.

 

[blahbleebloo]

Well it turns out there is no pre-trial discovery for small claims, so I guess I'm stuck trying to get it another way. I've been trying for months, you'd think if they decided to go the next route and sue me, they could at least return my phone calls/letters. I'd probably have it paid off by now. This is very frustrating.

This is probably a stupid question, but does anyone know what gets reported to Chexsystems? The amount that they reported to Chexsystems is $1500 and the amount they are suing me for is $2150. It was reported in 08/2010, and they say the $2150 amount is from July of this year. It probably doesn't matter, but I thought I'd put it to the experts anyway. =)

~A

 

[TigerD]

I wasn't going to go this, but here goes:

1. Double check the information you have provided. Typically, creditors do not sue in small claims due to the restrictions on enforcement actions -- you may want to verify that..
2. You have received substituted service - for service to be completed, a second copy of the papers must be mailed to you at the address where service was made.
3. You have the option to have the matter moved out of small claims, but again, it will cost you.
4. You need to either hire a lawyer or take a crash course in civil procedure.

DC

 

[blahbleebloo]

Thank you!

The paperwork I received very clearly says Small Claims on it. I even looked up and found my case on the Sacramento county small claims website, so I think it is Small Claims.

Like I said, I don't feel like making an issue of the service is necessary...I received the paperwork, so I was served. I appreciate the info about them mailing it though. Like I said, I didn't receive the last 2 pages of it, so it will be nice to get a complete copy.

Do you know of any benefit to moving it out of small claims? Also, I was reading that in small claims they allow you time to come to an agreement before the hearing actually occurs. If I can come to an agreement with the bank before the hearing, does that mean there won't be a judgement against me? Since I don't plan on fighting it once I understand the charges, it seems silly to bring it before a judge.

I sincerely appreciate all of you putting up with my stupid questions. =) I may consult with an attorney if I can get a consultation for a reasonable price, but the information you all have provided is definitely helpful!

 

[tranquility]

Seems like a real litigant. debtcollector' is smarter than I on such things, but the OP appears to want to do the right thing.