Recvd two Summons/Help w/Answer to Summons, please

[tendtoit]

So much information here that eyes are rolling back and heads spinning. I see an Answer to Summons will be: admit, deny, without knowledge.

A little background:
Over a year ago tried refinancing to pay off all credit card debt. At the time of my application, I was behind on several credit card pymts and I let my cu know how important it was I get this handled. Had plenty of equity so there really shouldnt have been a huge problem. Had AAA credit rating up until then. I should mention Im on social security disability. Of course, having lates on credit cards virtually shut down the option of paying off all credit cards. Refinance was denied.

Next, did try to talk w/each cc company. Told them the situation. Was denied refinance, was on disability...could they stop the late fees, stop accruing interest..just freeze the account so I can, at least, start paying off what was owed them. Of course, not one of them would do that! Asked if getting a small amount each month for a long time would be better than getting nothing in the long run? They say they want to work w/you but they really dont, do they?

Here it is year(s) later and now Im being Summoned to court and need to get Answer(s) prepared. Im sad its come to this.

So, even though the amounts keep increasing (from late fees/increased interest?), I owe Capital One Bank but NOT Jerold Kaplan Law Office and admit owing Discover Card but NOT Zwicker & Associates.

Zswicker has been the only Attorney's trying to collect. However, Jerold Kaplan is the third law office trying to collect for Capital One.


Next Item(s)

Each Summons has a Complaint attached. It seems theyre filing under Breach of Contract-Deficiency on one and just Contract on the other.

Again, to much information here for me to discern correctly, what I need to do/say to correctly under Contract law area.

Whats really sort of irritating to me is it says "defendant(s) has/have failed and refused to pay said balance ..." At first, I didnt refuse to pay. In fact, I specifically tried to work out a plan w/cc companies and no one wanted to bend even just a bit. So now, here we are.

I understand how important it is to get a timely and correct Answer to court. Tick tock...I need to get it in tomorrow, Tuesday at the latest! (I know, I know am getting down to the wire but, for me, one that suffers from major depression enough to go on disability. this is a huge step. Addressing the issue rather than crawling in bed.)

Thank you everyone for helping us navigate the credit consumer and court protocols. Such a service this is! Look forward to hearing whatever info people would like to share.

[hannah]

Need more information. When was the last time you paid on the Crap One account and brought it current? How about Discover? What state are you in? Can you scan and post the complaints for each suit, redacting the personal info?

[tendtoit]

I live in Arizona.

Crap One: Last pymt brought to current July 2006
Last pymt on acct Nov 2007

Discover Card: Last pymt brought to current Sept 2007
Last pymt on acct Jan 2008

Guess its about time to learn how to scan & post. I will attempt this new skill as soon as I get this off.

Crap One also has an attached Affidavit. Shall I send this too? Also is a copy of a three page, in itty bitty teeny tiny lettering, Customer Agreement. This too? (Seems theyre trying to cover all bases?)

Bless you for the service you provide. As soon as I figure out the scan thing, will post.

Just to cover le bases...will send the Summons portion also.

[tendtoit]

As I understand it, I dont have a fax option.(?) (Can you tell Im technologically clueless?) I have someone here trying to help me and he says we can scan the pages and send it via email. If this is okay what eaddress shall I send it too?

[Hedwig]

If you can just scan it into a word or pdf file, you can just attach it to your post.

[tendtoit]

Try not to laugh too hard. Here are pdf files of the Capital one paperwork.
Will send Summons copies next. Apologize for the page by page format. This is the first time ever trying to attempt something like this.

[tendtoit]

Heres Summons for Crap One.

[tendtoit]

Here is the Complaint and Summons filed for Discover Card. Again, so sorry about the one page at a time format. Really look forward to hearing from someone soon. Tic-tock...tic-tock...

[tendtoit]

Ta-dah...per request, Crap One and Discover Complaints along w/Summons/Affidavits are posted.

You know, my friends shaking his head and sort of laughing at me wondering why Im going through all this trouble. Mind you, he's not saying dont answer the Summons, he thinks I should just Answer w/an "I tried to work something out w/the original debtors but they wouldnt have any of it even though they were told Im on ss disability" or something to that effect. Essentially, Id be throwing myself on the mercy of the court. Anyway...

Is it true credit card companies insurance pays off the monies "lost" when a bad debt is written off?

Shouldnt all fees, interest and whatnot stop/cease once the debt is written/charged off?


Just want whom evers out there to know, Im sitting here patiently waiting and willing to stay up all night for any assistance that may come my way.

[Gib]

Quote:

Originally Posted by tendtoit Is it true credit card companies insurance pays off the monies "lost" when a bad debt is written off?

No, it isn't true. If it were, I guarantee you the insurance company would be suing.

[Dare]

Hi, I'm in AZ too. I'm somewhat familiar with both of these law offices as they are very active in my area and I've seen their cases in the court system quite a bit.

It appears that both of these firms are suing on behalf of the original creditors rather than for JDBs. Also, both cases seem to be well within SOL - unless you know that they're fudging the dates.

Did you receive collection letters from these firms prior to being sued? If so, did you dispute the alleged debts?

On the Discover case, it appears to have been filed back in 10/2008. Was it re-filed prior to you actually receiving the summons?

Is there anything incorrect about either of these claims? Are the amounts wrong? Are the dates wrong? Were these cards opened and/or in default prior to your marriage?

The amount for attorney's fees on the Cap1 case seems really high for so early in the process. Have you checked the terms and conditions to see what they say about attorney fees?

[tendtoit]

Thanks much for your Reply.

Dont feel theyre fudging dates.

Yes, did receive collection letter from these firms. After talking w/so many agencies and law firms and repeating my situation over and over again, and none willing to work and play well w/me, I gave up. No, I didnt dispute the alleged debt. Being on social security disability, was simple unable to pay.

The old Received at, date/time, Sheriff's Office is "X" out. A new Received of March 23 2009 at SO has been stamped on page. So, it looks like it was refiled.

Capital One monies owed amounts keep changing. Discover Card, not so much. From my perspective, "yes" the amounts look wrong. Dates seem to be correct. Perhaps, I should take a closer look? The big incorrect item is I am a single woman and have never been married. Where they get a husband thing is beyond me.

A very fine print copy of the Customer Agreement was included in the paperwork (how kind of them.) Im sure the terms and conditions are there somewhere. Should I mention in the Answer that fees seem too high.

Am working on Answer as we speak.

[Dare]

It's typical for them to sue as if there's a spouse even if they don't know whether you're married or not. That way they set it up to be able to go after the spouse's income and assets if it turns out that you're married. It's a fishing expedition. In your case they came up with an empty hook on that line

If you didn't dispute the debt this will be rather difficult to have dismissed from the typical justice court. From the court's point of view it doesn't matter whether you can pay or not. If the creditor has a legitimate claim they're entitled to have it reduced to judgment. Whether they can ever collect on that judgment is a whole other story.

Let's look at another angle here. If your only income is disability, what are they going to get out of this? Do you own any property or other assets that they can go after?

[tendtoit]

Owe Parents $165,000, secured w/a promisorry note, for monies borrowed to get this property note. I owe $85,000 to the mortgage company (which if parent found out, would probably disown me and call the note.) Thats pretty much it.

Have a 1990 Honda Civic DX not worth $1000. A 1994 Land Rover Discovery w/a blown head gasket unable to drive. Cant get it fixed...no money

Assets? If only...I wouldnt be in this situation then. No savings, no portfolio (used long ago), zero zippo nada. Only asset I see is a pool table won on Ebay years ago.

Have come across something about "Homestead" protection. If I understand correctly, in Arizona, one doesnt have to file for it anymore. It automatically comes w/the property? Is this something I should look into?

[Dare]

Yes, if you own real property you should definitely check the homestead laws. I haven't looked at that in years (I don't own so it never concerned me) but I also heard that it changed. Since your only income is disability these guys might try to use the judgment to place a lien on your property. Otherwise you're pretty much "judgment proof" for all practical purposes.

Keep that in mind. Cases brought by the original creditor within SOL are extremely difficult for a consumer to win. Unless you can prove that you do not owe the money, they will probably win and you'll end up with judgments. If that happens you need to keep it in perspective. It's not the end of the world. What are they going to be able to do, realistically? Your credit is already shot for the next few years anyway, right? If they really can't execute on the judgment, big whoop for them. Don't get yourself stressed out about it, k?

Also keep in mind that AZ law specifically supports the award of attorney's fees and costs to the prevailing party in most contract cases. So if you make a big fight over a case you're likely to lose, it tends to leave you with a bigger judgment against you in the end. If you have good grounds to fight by all means do so. I just want you to be aware of how it works out here on the ground.

Meanwhile if you're going to file answers, follow the usual suggestions for how to answer and I would be sure to deny owing that amount for attorney fees to Cap1 unless you see some justification for it in the T&C. I could be wrong but I think that guy is angling for a bigger piece of the pie than he may be entitled to... and that could end up biting him back as an FDCPA violation.

After this post I will be away from the computer until quite late tonight, unfortunately, so I won't be around to respond further until late tonight or tomorrow. Just go ahead and make your decisions based on what the other very experienced members here have to say.

Best of luck to you!

[tendtoit]

Everyone, thank you much for sharing youre knowledge. I did get the Answers in Monday afternoon 4:59p. Actually had 24 hrs left to file but why wait til the last minute? (Ha!) Know its not over and when the time comes, I will be back. Thanks again for the help.