My question involves collection proceedings in the District Court of Johnson County, KS, Division 61, Civil Court, Limited Actions.
I received a summons for a credit card debt that I deny having. I requested proof of debt twice from the Plaintiff and I only received a card agreement statement that did not have any signatures, balance, or itemized transactions, per my request. Below is the answer to the court that I have written in response to the summons.
APPEARANCE/ANSWER OF DEFENDANT
On this 25 day of April, 2009 defendant X answer summons:
X denies the allegations of the petition and summons served on April 13, 2009:
1. The Defendant acknowledges that the Plaintiff is duly organized and existing by virtue of law
2. The Defendant denies a credit card issued.
3. The Defendant denies all knowledge and has not received any benefits related to mentioned account.
4. The Defendant denies all knowledge of account.
5. The Defendant denies all knowledge of account.
6. The Defendant denies all knowledge of account.
7. The Defendant viewed attached card member agreement, but denies knowledge of account.
• Proof of debt was requested on 1/26/09 to Jacobs Marsh (Attached), none received
• Proof of debt was requested on 2/3/09 to Jacobs Marsh (Attached), none was received
• Proof of debt was requested on 4/16/09 to Carolyn Glenn (c/o McNearney & Associates LLC.)(Attached), none received.
The Defendant’s answer to the court is that he denies all knowledge and responsibility of the aforementioned debt and requests that the above referenced case have the debt extinguished and dismissed with prejudice.
Can you please assist me with wording or anything that I have omitted? I ran a credit report and noticed that this account was on it. It is a few numbers off from another account with the same company that I knew I had. Here is the information on the credit report.
Pay status: Charged off as bad debt
Account Type: Revolving account
Responsibility: Individual account
Date opened: 11/2002
Date closed: 2/2005
Date paid: 5/2004
Remarks: purchased by another lender
The credit report has the same account number as the summons but a different credit card name. The summons says First USA bank and the credit report says Chase/Bank One. Another report I have lists First USA bank, but has a different account number and says Paid, Closed/Never Late and Closed at consumer's request (which I did in 2/2000). Do you think they could have mixed up the numbers some how?
Is the status of limitations up since it is only 3 years in Kansas on an open-ended account? It states Delaware in the card agreement they sent but their limitation is 4 years if I am correct.
Any advice would be appreciated.

