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Collections Law/Notice of service of requests for admission
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Question
On 09/08/2008 I received a civil summons from an attorney representing Midland Credit Management. The summons only mentioned a credit card that I owe over $2,000.00 pm. I provided my answer to the summons in which I denied all allegations the attorney set forth, and asked that they provide proof of the allegations. I have recently filed my disclosure statement.
I was not provided with an “Initial Contact” from MCM prior to the summons, therefore I was not given the opportunity to dispute the validity of their clam under the FDCPA.
I did have a Providian credit card, opened in 09/1999 and I did default on the debt. My last payment was 10/2003, due to the death of my boss I lost my job and was unable to continue payments. Providian sold my account to Presidio/CM. I received notice from Presidio 07/2004. MCM is stating they bought my debt from Providian, (no date when bought). I live in AZ and I do know the SOL on an open account is 3 years.
Just today I received a Notice of Service of Requests for admission. The attorney only provided “Admit” or “Deny” to the questions or statements provided. My concern is this…if I admit to having had a Providian credit card; will this restart the clock on the SOL?
I was not provided with an “Initial Contact” from MCM prior to the summons, therefore I was not given the opportunity to dispute the validity of their clam under the FDCPA.
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Interesting! Of course you were given the opportunity to dispute the validity of their claim under FDCPA. They filed the lawsuit, didn't they? Even if that was their only contact with you then that was a contact giving you the right to dispute. The attorney is a 3rd party debt collector too and the law firm filed the case so there was an opportunity to dispute. Makes no difference whether they sent you a letter or not. If they failed to do that then you may have a cause of action against them in federal court.
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Providian sold my account to Presidio/CM. I received notice from Presidio 07/2004. MCM is stating they bought my debt from Providian, (no date when bought).
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Looks like you may have another cause of action right there. Looks to me like somebody is providing you with false and misleading information.
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You say, "I live in AZ and I do know the SOL on an open account is 3 years." and then you say, " I provided my answer to the summons in which I denied all allegations the attorney set forth, and asked that they provide proof of the allegations.". So I have to ask you why you did that? Why didn't you file a SOL motion to dismiss? u
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Then you go on to say "Just today I received a Notice of Service of Requests for admission. The attorney only provided “Admit” or “Deny” to the questions or statements provided." Why did you allow him to get the drop on you that way? The only way that should have happened is in the event that they sent those demands at the same time they served you and that might not be allowable under the Rules of Civil Procedure in some courts. Some would allow it but others would not because you had not yet responded to the complaint. But now you have it so the question now becomes one of whether there were only demands for admissions or were there also demands for production of documents or interrogatories as well.
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You failed to take the steps necessary to get your disputes in on two or more occasions, you have failed to respond in the way that should have absolutely ruined their day in court and you failed to send your demand for admissions at the same time you responded to the summons so what else can you find to do things the wrong way? Let me guess. You will be afraid to answer their demands for information and production of documents because you don't understand Statute of limitations?? Let me enlighten you. In most states the statute of limitations starts the first time the consumer fails to make a payment by the due date and continues to run until such a time as the creditor files suit or the consumer brings the account current and thereby puts it back in good standing. So, since a lawsuit has been filed nothing can reset the SOL. Now all you have to do is get your demand for admissions off to the attorney today or tomorrow at the latest and send it to them certified mail return receipt requested. If you do that then you might have a chance to convince the court that you sent them your demands before you got theirs. You can prove when they got yours but since they didn't send certified they don't know for sure when you got theirs.
And I'm sure you will want to know why that is important. The reason is that the recipient has a fixed time within which he must response or the sender can demand that the answers be deemed admitted. So now then, do you want to be behind the 8 ball or do you want to try to get them behind it on the timeline?
Looks to me like you need some serious help from somebody who really knows the ropes. Under all normal circumstances you would have an extremely small chance to win this one but SOL can win the day for you if you go at it correctly which you have already failed to do. That grave error can be corrected however.
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| Rating(1-10) | Knowledgeability = 7 | Clarity of Response = 5 | Politeness = 1 |
| Comment | The "Expert" was very condescending. I am not an attorney. I am trying to do the best I can with a stressful situation, and to have someone who is suppose to help reply in the manner they did is not in my opinion very professional. In the future I will not turn to allexperts.com for assistance, and I will advise others to do the same. | ||
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Answers by Expert:
Creditwrench
Expertise
Debt Collections law, Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), federal law, how to properly answer court summons for collection cases, how to prepare federal cases against debt collectors, how to deal with debt collection phone calls.
Experience
I've been an active consumer advocate for more than 40 years and have helped hundreds of people win cases against debt collectors as well as helping them defeat demands for summary judgment lodged against them by banks, debt collectors and defeat mortgage foreclosures and keep their homes.
Education/Credentials
Paralegal courses for the most part.
I have been teaching people how to deal with judgments, mortgage foreclosures and other such problems both on and off the internet for many, many years. I am a Richard Cornforth information provider ever since 2000 and worked with many other organizations and causes since 1980. I was Oklahoma State Chairman for the nationwide drive to defeat the Constitutional Convention which was proposed by various factions within our federal government such as the Council of State Governments and the National Organization of State Governors who were working hard to organize a Constitutional Convention to be held in 1995 for the purpose of rewriting our American Constitution to be more acceptable to the United Nations. I worked with Senator Charles Duke of Colorado and Senator Don Rogers of California and many others across the nation to keep them from getting the number of delegate states required to lawfully hold a Con-Con and we were successful. I have worked with many other legislative issues in Oklahoma and have always been very successful.
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