Ladynred - help please???????

[lrm216]

What is the name of your state? GA

Had a Cross Country (ugh) creditcard that was fraudently used. I closed account but they kept harrassing me for the amount due of $1700 (of which maybe $500 were mine - rest were fraudulent charges not made by me or ever signed for by me) (now Arrow is trying to collect $3,900!!) which I refused to send. This was about 3 years ago. A local atty collection agency tried to collect on this about 2 years ago but dropped it when they couldn’t supply me with any validation other than their own computer print out showing my name, address and $3,900. Arrow must have picked it up then, but never sent me anything regarding this debt. All of a sudden I get served notice to appear in court by Arrow through another local atty/collector's office. I put in my notice and filed my counterclaim. This was a year and a half ago. Have never heard another word, nor has the Court (I kept checking with them). Recently received a Status Calendar notice to appear July 1, which I will do. Called the Court and they said the Judge wants it cleared off his calendar along with other old cases with nothing done to them for over a year. Any idea what I can expect. They will probably show up, they have more to gain than lose, probably thinking I won't show. Will they try to settle with me or just go for the jugular. If they can not produce anything showing the entire debt is mine, can they still get a judgment to garnish me? Any advice would be most appreciated. Thank you so much for your time.

 

[Ladynred]

Well, if Arrow doesn't show, the judge will just kill the whole thing and Arrow would have to start over with a NEW lawsuit.

When was the last time you paid the original creditor on this debt ?? Did you pay any collection agencies anything ??

Do you have any proof to show that the disputed charges ARE fraudulent ? Was it ID theft or theft of your card ??

SOL on credit card debts is 4 years in GA.

 

[lrm216]

Thank you Ladynred for responding. You helped me greatly in the filing of the original answer and counterclaim almost 2 years ago. From that point on, I have heard nothing from Arrow (actually, they are using an Atlanta collection law firm in their stead). I am still within the sol and no, when I discovered that I did not list this card on the original police report years ago I was already about 2-3 into the fraudulent charges. I called and wrote CC Bank numerous times,but they would do nothing for me. I stopped paying at that time, I think by then it was up to about $1,100 or so. I paid for those months not realizing that the account was going higher and not lower. But all my pleas fell on deaf ears. The first collection agency they sent it to about a year after I stopped paying could not validate anything at all. All they sent me was a "generic" contract form (no sig on it) which was faxed to them with another collection agency's name on it, and then I never heard anything for the next year, until the summons from Arrow. They have done nothing for the last 1 1/2 years on this and the judge has put it on the status calendar to get it cleared off one way or the other. I am assuming they will send someone, if for only hoping I won't show so they get a default. Never having been to court before, I am very intimated having to come up against a collection attorney. I am hoping, since they never validated when I sent the validation letter, that the judge will at least make them show me some sort of proof for the $3,900 they are suing for. Will they try to settle first, or just go for the jugular - and do they have that legal right without giving me any signed contract, statements, signed receipts, etc.? They will not find my signature on any of those charges. I will definitely go for the status calendar, I just hope I don't pass out from anxiety!!!! Thanks again.

 

[Ladynred]

If you have copies of your DV letters that you sent asking for validation, to which you got no response or no proof, then take that with you just in case. If they can't prove the debt outside of court, make them prove it IN court. IF it goes that far, you can always request discovery and ask them to produce anything with your signature on it having to do with those charges.

You say it was 'about 3 years ago', well, make sure. Pull your records or your credit reports and find out exactly when this all happened. You need details, at the very least, especially if you're even close to the expiration of the SOL. Dig out the police report. Even if this account wasn't on it, its proof that there WAS, in fact, a fraud going on.

Settle ?? No way I'd settle on a fraudulent debt.

 

[lrm216]

Thanks again Ladynred. Yes, I have copies of the crrr and validation letter, in fact I copied all that into my Answer as an Exhibit when I responded to the Court. I will pull out the police report, I know I have it filed away in one of my "shopping bag" files in the guest closet. Will check all my credit reports again to make sure of the dola and hence, the sol. Again, many thanks. You have always come through with your great help.

Linda

 

[lrm216]

Ladynred, please help????

One more question, please. All the dates on each credit report (3) show a different dla. Transunion shows no dla but shows account closed by consumer 2001. Can I go by that date as dla. If that is so, then, this being Ga, the sol would have run out if the judge finds it was an open end and not a written contract. No collection agency that has had this, when I validated in the past, could supply me with anything showing my signature or a statement, etc. Thanks.

Linda

 

[Ladynred]

You really shouldn't use the closure date to figure the SOL. The SOL is based on the 'cause of action' - in this case, the default on the account. You could have defaulted months earlier - or even later - so its not a good measure.

Call each bureau and tell them you want the reported date of first deliquency. This date is required reporting per the FCRA and that date can NOT be changed by anyone - not legally anyway. Unfortunately, the CRA's rarely show YOU that date.