more ?s on bad debt buyer lawsuit
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|Thu, 08-16-2007 - 9:27pm|
I'm really Sorry - CG108 was very helpful on my post from a few weeks ago about this, but I'm still nervous, scared & have questions. I have to face them in court alone on 8-28 as I have no $ for lawyer.
Quick summary: Original cc was with Providian, who sold it to MRC. I found a 12-05 collection letter from MRC's collection agency stating "Your providian account has been purchased by MRC" & offered a payment settlement, not sure if this means 12-05 is when MRC bought the debt. The 12-05 letter states I owe $3,796, however, MRC is suing for $3,120 based on 2003 records.
1. Does this letter make their case stronger - proove debt ownership - or does it not matter?
2. Can I handle the general denial against plaintiff myself or need a lawyer? Is it possible that I already did this? I sent a letter (via overnight w/delivery proof) to MRC stating:
a) I dispute the debt
b) provide any contract or agreement I signed & an account history to proove I owe them money
c) provide copies of assignments & other docs showing that they are the assignee of the debt.
Is this considered a general denial? They received my letter on 8-2 - same day I was served w/court papers, but I sent it to MRC, not their attorneys. I haven't heard from them. Is this going to help me in court or do I still have to send a general denial? Did my letter tip them off to be more prepared & have all these docs in court (if they exist)?
3. Why would they sue for the lessor 2003 amount, when in 2005 they said I owed more?
Court papers included as Exhibit 1 a sworn oath statement from a MRC servicer stating "the final statement of account reveals that the defendant owed a balance of $3,120 on 2003-06-03'. There's no indication of when MRC took over the debt. They way I am reading this it's a clear indication that I've not paid anything since 2003 - because they are suing me for the exact amount owed in 2003. Do the statue of limitations apply here? I live in IL.
4. My record keeping is horrible - it's possible (but unlikely) I paid MRC 1-2 $25 payments. If it comes down to me asking them to proove a payment history - what's the right way to phrase it in court? And if they can proove I have paid them and the debt is valid, how do I go about getting them to reveal what they actually paid for the debt - what's the right terminoligy - the right way to say it? I don't want to appear like I don't know what I'm talking about.
Thanks for reading & sorry to ramble on. Just very nervous & scared. Any input greatly appreciated!