You are here:

Collections Law/Sued by an original creditor

Advertisement


Question
I received a civil summons from an original creditor. The summons says I owe them a little more than $8000. They also sent two copies of old statements showing a late and over the limit fee. The next one shows an internal charge off as of aug 31, 03. I pulled my credit and it shows no activity on my part as of late 2002. I believe this is out of SOL for Tennessee. I have to go to court June 12 and have no idea how to handle this or argue with someone who does it for a living. They also have a sworn statement from some woman in Ohio saying she believes this debt to be mine blah blah blah. I spoke to an attorney who kind of did this work and he in essence told me I would lose because I had no proof except my credit report and they had some woman saying I owe them money. Any help would be greatly appreciated. Also I'm an idiot as far as law goes so the smaller the words the better.

Answer
Mary Jo:

Presuming your credit report is accurate, you are correct in that this is a time barred debt.  We at Barnette Law Offices, LLC, would entertain the notion of considering your case.  You simply need to schedule a consultation with our office.

An aside, the attorney you spoke to is wrong.  An Affidavit from someone in Ohio is inadmissible unless she appears in court and is avaliable for cross-examination.

In any event, give us a call and we should be able to help you.  Please do not hesitate to contact us at Barnette Law Offices, LLC, with any further questions and feedback is always appreciated.

Jason Barnette, Esq.
Barnette Law Offices, LLC
Consumer, Employment, and Personal Injury Law
1800 Hayes Street; Suite 122
Nashville, TN 37221
Ph: 615-585-2245
Fax: 615-250-8787
http://www.barnettelawoffices.com
info@barnettelawoffices.com

Collections Law

All Answers


Answers by Expert:


Ask Experts

Volunteer


Barnette Law Offices, LLC

Expertise

Barnette Law Offices, LLC can answer questions relating to credit reporting inaccuracies, debt collection abuse, and bankruptcy issues. No portion of any of our communications shall be construed to form an attorney-client relationship. We only represent residents of Tennessee.

Experience

Jason Barnette is a licensed attorney in the state of Tennessee admitted before the Tennessee Supreme Court. He is the founder of Barnette Law Offices, LLC in Nashville, Tennessee. Barnette Law Offices, LLC is one a the very few Tennessee law firms which handles cases arising under the Fair Credit Reporting Act, the Fair Debt Collection Practices Act and the Tennessee Consumer Protection Act.

Organizations
National Association of Consumer Attorney's (pending)

Education/Credentials
Appalachian School of Law - Juris Doctor Licensed Attorney - Tenneessee Supreme Court

Past/Present Clients
J.P. Morgan Chase, Countrywide

©2012 About.com, a part of The New York Times Company. All rights reserved.