My broke-ass is being sued.
I apologize for being away from this blog the past week, but things have taken an unexpected turn. Last Wednesday, out of nowhere, I received a notice in the mail that Mr. Scumbag lawyer was authorized to commence a lawsuit against me on behalf of a federal bank for an alleged credit card debt of $5,000.
I immediately fired off a reply that I disputed this debt in its entirety and demanded a written itemized breakdown of any and all alleged purchases therein, along with all relevant dates. I sent the reply via certified mail and waited anxiously to hear a response. I have absolutely no clue what this debt is about or what it is for.
Well, three hours after sending my reply via certified mail, a female server appeared at my door and handed me a summons for the alleged amount of $5,000, plus over $500 for attorney fees for the plaintiff. (For those that don’t know, a summons is basically a piece of paper telling you; your ass is being sued.) My first step was to call my city court clerk to see if this summons was legit or not.
I now have a few days to file an answer or these slimeballs win by default judgement. This is probably what they’re hoping for, and I’m sure as hell not allowing that to happen.
Once I officially file my answer with the court within a ten-day period as deemed by the summons, I’ll request a legal discovery in order to see exactly what these jokesters are claiming I owe. The ball is thus in their court to accurately validate this debt and let me know exactly what it is for, and to prove I actually owe them something.
But here is the baffling part.
I called the federal bank yesterday to obtain more information and to hopefully resolve the matter. The woman I talked with was unable to provide an itemized breakdown on this alleged debt. In fact, she was unable to locate any type of information pertaining to the account whatsoever. She tried for over ten minutes and seemed at a loss on what to do. When I asked her to please refer me to someone who could assist me further, she had no idea who I should speak with. She finally suggested I try calling a customer hotline, but seemed doubtful it would be helpful. And she had no number to provide me with.
My next step, I called the scumbag “law” firm today and received some middle aged woman who also had no information on what the alleged debt was for, or any alleged purchases, or any dates of alleged purchases. Her excuse was that the debt was almost six years old and the information was therefore “unavailable”.
Excuse me? You’re suing me and you can’t tell me why and what for? Fucking brilliant. Were you expecting me to just bend over and take it? And if this alleged debt is supposedly almost six years old by now, why haven’t I heard from them earlier about it?
I smell something amiss.
I then did some research on the law firm suing me on behalf of the federal bank. Apparently, a statewide class action suit was filed against these guys in 2004 by residents of New York state, for rampant and abusive collection violations. This seems to be some high-volume collection agency with 100 or so staffers, with one or two attorneys. However, they claim to be a law firm and are some type of scam operation with a double layer of corporate-partnership veil. As one website stated, “not even Degerm, that nice blue liquid in airliner toilets, can mask the stench of these sewer pickles”.
Over and over, on repeated websites I read how this “law” firm is a bunch of scumbag glorified debt collectors who abide on the barely legal side of the law. They’re notorious for adding exorbitant and excessive fees. (The balance on their letter and on the summons are completely different, with over a 114% increase). They are also renowned for their sleazebag tactics to get default judgements on people without their knowledge, usually by purposely sending a summons to a wrong address, and then holding the unknowing victim’s bank accounts hostage by freezing the account.
It will be interesting to see what legal documents they can choke up for me. So far, I’m completely baffled by this.
I’ll be consulting a lawyer tomorrow to aid me in properly completing my answer form and filing it with the court.
Not the best way to start the year. But it sure will be interesting to see the outcome. I’ve learned a lot through my research and will definitely share it with my readers after all is said and done.
By the way, if you haven’t checked your credit reports, do so immediately. Only one website is authorized to free annual credit reports you’re entitled to by law, and that is annualcreditreport.com. Beware of any other imposter sites. If you don’t know the importance of religiously checking your reports every year (which I’ve just learned the hard way), I’ll write an article explaining more later . But definitely do some research now.
I urge you all to do it as soon as possible, to protect yourself against any type of fraud on your credit history.
(You can follow the rest of the story here, at Being Sued For Credit Card Debt.)
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