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  1. #1

    Default Court Summons from a Collection Agency but Original Creditor Not on Credit Report

    My question involves judgment recovery in the State of: Mississippi

    I received a summons for a debt that apparently was accrued while I was in college. When I got the summons I assumed that my roommate had possibly stolen my credit card (along with other things) but I have no record of the account.
    I can't find anything with that account number listed on it. According to the summons from LVNV, the debt is originally with Citibank but it is not listed on my credit report. First, I called Citibank to ask about the account with the number they listed and they said they have no record of it. When I asked for a validation from LVNV back in December, they just sent me a copy of what they had already sent me. It's just a printout that shows what I owe them and that the account was originally opened with Citibank in 2004.
    I know I need to show up for the court date but what do I do if I have no proof that this account with my full name associated with it never belonged to me?
    LVNV shows up on my credit report but Citibank does not nor did it show up in 2008 when I purchased my home. Wouldn't that Citibank account be on my credit report in 2008 if the account was opened in 2004? It also shows that Weltman, Weinburg, Reis reviewed my credit history last year for collection purposes. I'm so confused!

  2. #2
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    Default Re: Court Summons from a Collection Agency but Original Creditor Not on Credit Report

    They have the burden of proving that the account exists and that there is a balance due. You can avail yourself of discovery under the rules of the court in which the action is pending - the availability of discovery can vary by court - and try to get copies of original documents via a request for production, and other information through interrogatories or requests for admission. (If available you can consider depositions, but they're more costly and much more difficult for pro se litigants to conduct.) Your state's court rules are here; also check with the court about any local rules.

    You need to make sure you file a timely answer and affirmative defenses.

    Creditors are not required to report debts to credit reporting agencies, so the absence of a debt from a credit report has no legal significance.

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