Credit Card debt Summons

[LeiLani]

Hi, I recieved a Debt Summons 8/23/08 The girl just handed me these papers when I answered the door. The papers are a summon from an old debt that I can't pay. The debt is over 13k on the summons it says I need to respond by 30 days of notice on document. Documents have date of 7/31. I just recieved this. Also says on document:
I neeed to "Appear" by filing with court a legal paper called a "motion"or"answer".
What the heck is this? I don't have the money for an attorney and checking phone book for help on legal attorneys is confusing.

Help from Oregon

[hannah]

Quote:

Originally Posted by LeiLani Hi, I recieved a Debt Summons 8/23/08 The girl just handed me these papers when I answered the door. The papers are a summon from an old debt that I can't pay. The debt is over 13k on the summons it says I need to respond by 30 days of notice on document. Documents have date of 7/31. I just recieved this. Also says on document: I neeed to "Appear" by filing with court a legal paper called a "motion"or"answer". What the heck is this? I don't have the money for an attorney and checking phone book for help on legal attorneys is confusing. Help from Oregon

Ok we need some info if we are to help you. You say you're in Oregon. Did you incur the debt there? You say in the title of this thread that the debt is a credit card. What card was it and when did you make the last payment on the debt? Who is suing you or who is the plaintiff? What does the complaint allege is their cause of action? Can you scan the complaint (redacting personal info) and post it here?

Do you have a copy of recent credit reports? Are they reporting on your credit reports? How are they reporting?

[LeiLani]

Quote:

Originally Posted by hannah Ok we need some info if we are to help you. You say you're in Oregon. Did you incur the debt there? No I opened the Card in Wa St. You say in the title of this thread that the debt is a credit card. What card was it and when did you make the last payment on the debt? Card is First USA Bank. Last payment was July 06. Who is suing you or who is the plaintiff? Plaintiff is Unifund CCR Partners. Using attorneys in Seattle Wa- Bishop, White and marshall. What does the complaint allege is their cause of action? Can you scan the complaint (redacting personal info) and post it here? I scanned the Document but I can't get it to attach here. The complaint is that I am in default under terms of card agreements by reason of failure to make payment since march of 06. Balance owed is 13,736.38 plus interest at rate of 9% per annum from July 25 08. Plaintiff, having already made demand upon defendant for payment is entitled to attorneys fees if allowed under ORA20.082.. Wherefore, Plaintiff prays for the following relief: 1. For Judgement in the sum of $13.736.38 plus interest at rate of 9% per annum.... 2. For attorneys fees int he ammount the court finds reasonalbe alont with its court costs and disbursements. 3. For such other and further relief as the court deems just and ezuitable. Dated July 31, 2008. Do you have a copy of recent credit reports? Are they reporting on your credit reports? How are they reporting?

I don't have any of the above.

[hannah]

Were you in Washington when the default occurred?

Was there anything attached to the complaint like an affidavit or statements?

[LeiLani]

No I was in Oregon by then.

No, the girl just handed me these papers (4 pages) and left. I didn't sign anything either.
The papers werent in an envelope or anything, they look like they origanly were as they have staple marks at the top were someone restapled them together. In the doc it says:
To The Officer or Other Person Serving This Summons?
You are hereby directed to serve a true copy of this summons, together with a true copy of the complaint mentioned therein, opon the individual to whomthis summons is directed and to makeyour proof of service on the reverse hereof or upon a separate similar cocument whic youshallattached hereto.

Nothing is signed on back of papers and no attachments are with document.

[hannah]

Quote:

Originally Posted by LeiLani No I was in Oregon by then. No, the girl just handed me these papers (4 pages) and left. I didn't sign anything either. The papers werent in an envelope or anything, they look like they origanly were as they have staple marks at the top were someone restapled them together. In the doc it says: To The Officer or Other Person Serving This Summons? You are hereby directed to serve a true copy of this summons, together with a true copy of the complaint mentioned therein, opon the individual to whomthis summons is directed and to makeyour proof of service on the reverse hereof or upon a separate similar cocument whic youshallattached hereto. Nothing is signed on back of papers and no attachments are with document.

Okey dokey then. I will do some research and get back to you in a day or two. In the meantime, stay calm and order your credit reports ASAP.

[Hedwig]

I moved this to the credit forum, which is the more appropriate place.

[LeiLani]

Ok, Went and got my free credit reports from TransUnion and Equifax.

My two original credit card companies that I had not paid payments on show 0 balances. One was sold to Unifed CCR partners they are ones that sent me the summons.

[hannah]

Quote:

Originally Posted by LeiLani Ok, Went and got my free credit reports from TransUnion and Equifax. My two original credit card companies that I had not paid payments on show 0 balances. One was sold to Unifed CCR partners they are ones that sent me the summons.

What does the date of last activity show?

[LeiLani]

The CC before it was Charged Off shows my last payment was Nov. 2005. This is on the card being sued over Chase Card. What does Charged off mean? The other card that an attorney contacted me on I said I would try to make payments for next 5 months. That one was on Bank Of America that has last payment made of Dec. 2005. Charge off also.

[hannah]

Quote:

Originally Posted by LeiLani The CC before it was Charged Off shows my last payment was Nov. 2005. This is on the card being sued over Chase Card. What does Charged off mean? The other card that an attorney contacted me on I said I would try to make payments for next 5 months. That one was on Bank Of America that has last payment made of Dec. 2005. Charge off also.

Unfortunately LeiLani, your debt is still within the statute of limitations as written and oral contracts are 6 yrs. under §12.080. Collection of money debt on account is also 6 years under §12.080(2).

Here's a link to Oregon statutes.

Using choice of law will not help as First USA was a wholly owned subsidiary of Bank One Corporation that was purchased by JPMorgan Chase & Co. in 2004 and is chartered to Delaware which has a SOL on written and oral contracts of 3 yrs. under Delaware Tit. 10 §8106 so even using that you are still within a few months of being able to be sued for the debt.

Now all is not lost however, as you can file your answer as not owing the debt. Then in discovery find out just what proof or evidence Unifund has and they may not have any at all. If they cannot or will not proffer chain of title to the debt and cannot produce any evidence of the debt or it's accounting, you may still prevail.

I am attaching the Oregon Rules of Civil Procedure. Time to read up and get educated on them. I will help you answer the suit tomorrow.

[LeiLani]

I have an appointment with an attorney tomorrow. Will see how that goes...........

[LeiLani]

By the way.... Thanks Hannah your a huge help and I am learning new things into the old brain of mine. Never too old to learn as they way...... just my aging like fine wine is getting finer.

[LeiLani]

Well Just came back from Seeing attorney. Wanted to share an important statement the attorney said to us.

Debt Collection agencies that are suing must have physical proof of your credit card contract to pursue a law suit. He also said 90% of the populace in america do not contact an attorney to find out their states law on what a debt collection angency can sue you over.

I also happened to find the only attorny in the state of oregon that takes on these agencies. He called it FUN to go back at them with all the mistakes they have filed in the paperwork.

We hired him and he made a call to the attorneys that sued me, listening to him talk to the attorney he found out the sueing attorney didn't even know her own case # she couldn't find it. This might be interesting.....

[hannah]

Quote:

Originally Posted by LeiLani Well Just came back from Seeing attorney. Wanted to share an important statement the attorney said to us. Debt Collection agencies that are suing must have physical proof of your credit card contract to pursue a law suit. He also said 90% of the populace in america do not contact an attorney to find out their states law on what a debt collection angency can sue you over.

I'm glad you found an attorney but want to clarify for the other members and guests that all legal actions to collect debt should have proof no matter what court in what state you are in. Oregon doesn't have a separate statute saying that they must have proof just as WV does not. It's in the rules of evidence. Simply saying you own my alleged debt and getting your buddy at the collection agency to sign an affidavit to that effect is not evidence but the rules of evidence allow extrinsic parol evidence to suggest a contract exists such as a single credit card statement or a blank agreement. This type of evidence wins cases everyday in the good ol US of A as a goodly number of persons sued bury their heads in the sand and hope it goes away. Many who do not consult an attorney can't afford an attorney or can't find one who can take their case on a contingency basis.

And don't forget, a debt buyer should also have to prove he owns the debt so a chain of title should also always be demanded as well.

Let us know what happens LeiLani and good luck.