Expert: Creditwrench - 5/21/2008

Question
Hi,

I received a Summons back in March to appear in Small Claims court. I'm being sued for $2200 by a company called First Resolution Investment Corp. I've never heard of them, literally ever. So I show up and talk to the attorney who says that I owe this debt and the original creditor was Citibank/Citifinancial.

I haven't had an account with Citibank since 1997 when I went on a Debt Consolidation program with Consumer Credit Counseling Services of Massachuestts. I finished the program in 2000 and paid off every card I had including the Citibank. Part of the program requires you to close the accounts and not open anymore until you have complete the program. I explained this to the attorney and he continued the case so that I can get documents from CCCS.

Here's the issue, CCCS only keeps records for seven years after the program has been completed, it's been eight. I also no longer have the pay off letters they sent as again it was eight years ago. My credit report is even showing it as a satisfactory account that has been paid off and paid as agreed.

My court date is next week but I have called the attorney to re-schedule because I will be away on a business trip that I can't get out of.

I've heard that maybe I should file a motion of discovery for validation of the debt and if they can't provide it, ask for a dismissal. So I need some advice.

What should I do?

Answer
It is obvious that you need to put in a motion for extension of time to respond due to your upcoming trip although you would not want to use that as your reason for asking for the extension of time. There are better excuses to use than that.

What you have heard about a motion of discovery for validation of the debt is pure nonsense. That is a part of discovery and you don't even need to ask permission of the court to start discovery but you do need to file a response to the summons before you can do that. Why not join our Friday night conference calls to get more information about what you need to do.


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

The 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
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