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  1. #1
    Join Date
    Jul 2010
    Posts
    4

    Unhappy Credit Card Lawsuit Because of a Mistake

    My question involves collection proceedings in the State of: MN

    It came to my attention that Chase bank has hired a local law firm in Minneapolis, MN to deal with my credit card debt. The thing is: I paid the debt off in January 2010. Collection agency apparently never bothered to send Chase bank the confirmation and now I am stuck with a lawsuit.

    Note: I have not received the actual lawsuit document from the law firm, It is waiting for me at Sheriff's Office.

    I spoke to a representative over at the collection agency and they are sending me a confirmation letter tomorrow, that I am then supposed to send to the law firm.

    What happens next? Do I still need to appear in court?

    This is a complete nightmare, to say the least and it is happening over something that I haven't even done. What kind of responsibility does the collection agency hold? I mean, they have made a colossal mistake that might cost me a lot of time and money..

    thank you in advance for your response.

    MM

  2. #2
    Join Date
    Jan 2006
    Posts
    28,301

    Default Re: Credit Card Lawsuit Because of a Mistake

    If you do get served, file your answer with the defense of there is no valid debt. Do not ignore the summons if you are served thinking you already paid the debt. While it is apparently a matter of poor communications, they can end up with a default judgment if you fail to respond properly. While you would most likely be able to have the judgement vacated, it will take more time and trouble than answering the summons and dealing with it now,

  3. #3
    Join Date
    Jul 2010
    Posts
    4

    Default Re: Credit Card Lawsuit Because of a Mistake

    Yes, I intend to collect the lawsuit document and immediately respond with an Answer. How long does this process usually take? I am leaving the country on Aug 5th and I will be away for 3 weeks. I just want to make sure things are in order before I leave.

    I know I need to respond withing 20-30 days, but what happens after that? Can the law firm, after I send them the payment confirmation take care of this ( meaning withdraw the suit)?

  4. #4
    Join Date
    Jan 2006
    Posts
    28,301

    Default Re: Credit Card Lawsuit Because of a Mistake

    bad timing. Usually you have 20-30 days to respond so there is usually nothing set within that time after service. Then the plaintiff gets time to research and respond to and defenses. If things move quickly, they might be able to schedule a hearing while you are gone.


    Can the law firm, after I send them the payment confirmation take care of this ( meaning withdraw the suit)?
    they can. Doesn't mean they will.


    I would try very hard to take care of this directly with the law firm or creditor. If they accept your argument, they could actually withdraw the case before you leave. That would be your best direction I would think.

  5. #5
    Join Date
    Jul 2010
    Posts
    4

    Default Re: Credit Card Lawsuit Because of a Mistake

    Yes, I have already established contact with both the creditor and the law firm. I will work with them directly to solve this as fast as possible.

    In your experience: is the paymert confirmation leter from the creditor enough? What else could this law firm use against me, if anything?

  6. #6
    Join Date
    Jul 2010
    Posts
    4

    Default Re: Credit Card Lawsuit Because of a Mistake

    Update: I have settled it today with the law firm.

  7. #7
    Join Date
    Jan 2006
    Posts
    28,301

    Default Re: Credit Card Lawsuit Because of a Mistake

    good. Make sure the case is dismissed. Sometimes things get forgotten. Getting them corrected after the fact can be a real pain.

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