On 8-28-05. I was served Judgment Papers. This was what I received: Three sheets...
Sheet 1: The Summons (for a credit card account) states
"YOU ARE SUMMONED and required:
1. To file your written appearance by yourself or your attorney and pay the required fee in (court local is given) at or before 9:30 A.M. on *9-15-05.
2. To file your answer to the complaint in (court local is given) as required by Par. 3(c) in the Notice to Defendant Below.
IF YOU FAIL TO DO SO, A JUDEGMENT BY DEFAULT MAY BE TAKEN AGAINST YOU FOR THE RELIEF ASKED IN THE CMPLAINT, A COPY OF WHICH IS HERETO ATTACHED.
THERE WILL BE A FEE TO FILE YOUR APPEARANCE, IF CLAIM IS OVER $1,500 THE FEE WILL BE $120. (the claim is $1,783.10 + costs)."
Do I have to pay to dispute the validity of this debt? Also, this is less than 30 days. Is this short time limit correct? It prevents me from checking my credit report and disputing the validity of the debt.
On the back of this same sheet is, "NOTICE TO PLAINTIFF: You MUST (must is underlined) select a return date of:
Not less than 28 or more than 40 days after issuance of summons if amount claimed is $5000 or less;
not less than 21 or more than 40 days after issuance of summons if amount claimed is in excess of $5000."
According to this paper, the debt is under $5K so why was I not given 28 days minimum?
Sheet 2: THE COURT COMPLAINT. The odd part on this sheet is that the Return Date has been literally changed to 9-15-05 with white out. When I hold the page up to a light bulb, the date they marked out was 4-06-05. Can they legally change the date? This goes back to my first question; they are giving me under 30 days to dispute this debt. This company is a 3rd party law office to the bank Providian.
Sheet 3: AFFIDAVIT OF INDEBTEDNESS. This law office requesting the judgment completed this NOTARIZED form on 12-22-04. There is also a stamp stating EX #1. I assume that is for "exhibit one".
I called the credit card company and got the following information:
Date account was opened: 2-29-2000
Date of last payment: 5-28-2003
They were unable to tell me the state it was opened in. They said they did not have the information. I have only lived in two states. I checked the SOL dates:
State 1: (where I would have lived if the account was opened in my name.)
STATUTE OF LIMITATIONS (IN YEARS) - Open Acct.: 3 Last charge or payment Written Contract: 5
State 2: (where I live now and judgment was filed) STATUTE OF LIMITATIONS (IN YEARS) - Open Acct.: 5
I'm going to send them the VOD form tomorrow via certified mail exactly as described.
Please tell me what else you think I should do. They have obviously waited until the last moment to file this judgment. Thanks for reading and assisting.