Expert: Creditwrench - 5/28/2008

Question
In November I received out of nowhere court papers for an old charged off credit account. I responded with a debt validation letter and now in May have been given a summons for court on June 2nd.  I have disputed this with the credit reporting agencies and it was removed by Equifax.  Transunion responded with 48 hours saying it was a good debt - pretty fast turnaround.  Just a few days ago (May 16th or so) I received a photocopy of credit agreement with lawyers fees underlined and starred and a note saying evidence with my signature on it is not required.  I have also been sent questions to answer for admissions.  I checked by credit report today (May 28th) and found that Unifund has continued to report this on my credit and never informed the agencies it was in dispute.  Most of all the amount has now increased by a few hundred dollars.  What ideas do you have for me and upcoming court?

Answer
Pretty late for you to do much of anything now. I'd say that the best thing to do is to go tell the judge it is out of statute of limitations and see what happens. You might get it dismissed.

If you don't get it dismissed that way then you will have to file a federal lawsuit against the lawyer for misrepresenting the legal status of the debt if it is out of stat.

You needed to get your response to the court long before this.

Bill Bauer
405-684-9297
405-227-9423

The Creditwrench conference calls will start this coming Friday evening at 7 P.M. Central time. It is free and open to the public. There is no cost or obligation other than what it may cost you for the phone call itself. You can join in and ask questions or just listen or whatever you want to do.

Dial-in Number: (712) 432-1601
Access code: 508548#

You might also want to visit our message forum at http://consumers.creditwrench.com to get answers to questions you need answered before next Friday night.

If you live within driving distance of Oklahoma City you can also come to our monthly meeting of the Oklahoma City Chapter of Jurisdictionary meetings. They are held on the 2nd Thursday of each month at Coit's Root Beer Stand which is located on the corner of SW 24th & Western Ave in Oklahoma City. The meetings start promptly at 7:00 P.M. and last for 2 hours. Attendees usually arrive about half an hour early so they can enjoy a good meal at Coit's Root Beer Stand. The meetings are free and open to the public and we can discuss your problems as well if you like.

We are going to start holding mock trials so that you can learn some court room procedures.