[albrecht]

I received a summons to respond to a $2600 debt to CitiBank via collector UniFund. I called the attorney on the notice and they were unable to tell me anything about the account except that it was opened in 2001, last payment was in 12/02 and the current balance of $2600. I have never had (and still don't) a credit card with that kind of limit. They would not forward me any information confirming that the account was mine.

Although I cannot recall ever having an account with CitiBank there was a time when I stopped paying all my bills. Two years ago I pulled my credit report and payed off every account. This one was not, and is still not, on there. I am in the state of Oregon so the SOL has not run out if this is mine as last payment was in 2002.

My question(s) are these:

- Are they required to give me proof that this is my account? If so, what is considered valid in Oregon courts?

- If that info is provided and it is mine, will they be likely to settle for a lesser amount during arbitration (required in Oregon)?

- If I file and answer and do not prevail at trial, am I responsible for their court costs/ filing fees?

- Besides just paying off what I believe to be a fraudulent account, is there any other way that I can deal with this? The attorney threatened to file a lien against my home and garnish my wages. He wouldn't accept any settlement offer and wanted the full amount immediately (which makes me even more suspicious).

Thank you in advance!

[JLoh1970]

I am going through something very simlar in Ohio. The info I am giving is not legal advice, I am only sharing information which I discovered during my research on the matter.

- Are they required to give me proof that this is my account? If so, what is considered valid in Oregon courts?

First, file an answer with the court. DO THIS! A lot of times they are just trying to get a default judgment against you. No answer, they win a default judgment. With the judgment they will be able to do things like garnish your wages. Until they get a judgment, they will not be able to garnish your wages or put liens against your property. Research affirmative defenses and use them in your answer.

Second, after (or at the same time) you file an answer you can file a request for production of documents. You can ask for all the stuff they have which they will use to prove their case. Google stuff like "request for production credit card debt" to do research.

Third, they will have to prove in court the card belongs to you. What ultimately constitutes "proof" will be left up judge/jury. But it will be stuff like copy of signed contract by you, maybe a copy of a check where you made some kind of payment, etc.

Lots of times collection agencies have no proof if the debt has been bought and sold a lot and are merely seeking default judgments.

If that info is provided and it is mine, will they be likely to settle for a lesser amount during arbitration (required in Oregon)?

All depends on their case. If they feel they have a strong case probably not so much, if they feel they have a weak case, probably. Either way, they will try to make YOU think their case is strong and get as much as they can even if their case is weak. You'll have to figure it out for yourself. They will more often then not try to make some type of arraignments with you just to spare the expense of a trial.

If I file and answer and do not prevail at trial, am I responsible for their court costs/ filing fees?

You could be, could depend on your state law. There is an "affirmative defense" which is something like the plaintiff is not entitled to attorneys' fees because the alleged contract did not include such a provision. You'll have to research it and try to fight there requests for fees.

Besides just paying off what I believe to be a fraudulent account, is there any other way that I can deal with this? The attorney threatened to file a lien against my home and garnish my wages. He wouldn't accept any settlement offer and wanted the full amount immediately (which makes me even more suspicious).

You could have counter suits for FCRA violations and/or FDCPA violations. Again, you'll have to research it. If you found violations, you can put them in a counter claim.

EDIT: They can't get a lien or garnishment without a judgement.

Feeling overwhelmed yet? You can always consult an attorney about your case, which is probably the best advice I can give you.

Good luck.

[usedbranflakes]

That's great advice, actually.

The other things I would do:
1) Dispute the validity of the debt and note that this is your first letter from them.
2) Check up on the Statute of Limitations. Your debt or not, if the SOL is expired then they are SOL if you know what I mean.
3) IF they provide an affadavit that the debt is valid then you should dispute that it is not a valid response and request the documents upon which they made their decision. You have a right to those documents.
4) Show up in court and request a continuance for discovery, document review, and a chance to potentially interview an attorney if they just hand the documents over in court.

FDCPA counterclaims are nice to put in there if they have just sued you without showing where they have contacted you.

[jk]

FDCPA counterclaims are nice to put in there if they have just sued you without showing where they have contacted you.

there is no requirement a creditor attempt to contact you to collect prior to suing you for it.

Life can be pretty simple. If you owe a debt and have failed to pay it, the creditor can simply sue you with no collection actions taken. It is just that simple.

Now, when this all gets into court and the creditor fails to prove the debt is actually the presumed debtors, the courts may be a bit PO'd and apply some punitive actions but the creditor is not required to make any attempts to collect a debt prior to suing for it.