more ?s on bad debt buyer lawsuit

iVillage Member
Registered: 04-04-2003
more ?s on bad debt buyer lawsuit
2
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!

Community Leader
Registered: 03-17-2003
Sun, 08-19-2007 - 7:42pm
I sent you an e-mail shoprgirl.

iVillage Member
Registered: 02-19-2003
Tue, 08-21-2007 - 10:36am

Hi Shopgirl,


I'm sure Carolyn will be able to help you, she is extremely knowledgeable. Hang in there! And come back to keep us updated on things.


 

Kerri Kerr
Sr. Community Moderator
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