My question involves collection proceedings in the State of: Maine
Good Morning, looking for a little help regarding a recent summons to Small Claims Court. A little backround -I've settled Credit Cards in the past and have settled a lawsuit of my own with another creditor and thought I was out of the woods with all of this and have since "bounced back" in regards to credit/responsible spending. At the same time my wife had a few issues that I helped her through and apparently 1 card slipped through to cracks which I thought was in good standing and/or closed out.
She was just summons to small claims court by a law firm supposedly representing the credit card. It has an affadavit attached along with a small printout from what looks to be her credit report. She hasn't used this card since we think around 2006 maybe even later then that.
Here are my questions:
Being Small Claims can I still request a Validation of Debt?
Can we request a Discovery?
The summon's did not have a court date yet, it is going to be mailed to us by the court.
How can I find the last activity on the account to figure the SOL- would a credit report go back that far?
I've researched the affadavits which seem to be just a scare tactic if anything. My understanding is also that if I request the contract then it will be difficult for the firm to attain and may possibly cause them to not show up in court. I've also seen where we can possibly go to court and ask for a signed contract from the law firm showing we owe them money since that is what they are claiming.
As you can possibly see my head is spinning trying to get this info in line. I want to help once again since I'm honestly not scared by all of this nor the court system. I just want to be well prepared.
She supposedly had a credit line of around $1500, she is being sued for around $2200 which I do have in savings, so worst comes to worse I can pay it off but I'd rather do what I can to lessen the blow and or get it dismissed.
Thank you in advance, I'll be checking this thread through to day to answer any questions you may have to help