Credit Card Collection Law Suit

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kwitherite

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I've recently received a visit from our local sheriff delivering a Notice that I have been sued by a company that is an assignee of my former credit card company. I've told them collections and the credit card company that I was unable to ever do anything because I've been unemployed due to a mental disability which has affected my work. In February of 2006, the Attorney for this company contacted me regarding the collection. I agreed in making payments. I recorded on paper during our conversation that there would be no interest added into the balance due, and that if I make payments of $215 a month, within 10-11 months, the balance would be paid off. I also had to make a starting payment of $528 upfront. I pulled every resource to get this money to start the payment plan and continued to pay $215 (sometimes $250) each month thereafter until August of 2006. At that time, I contacted the attorney about the remaining balance due and they said I still owed around $1500 due to interest acruing. I told them what I was told and found out the person I had originally talked to was no longer with them and they reponded that I still I had the interest to pay. I told them they were not going to see another cent. At this time I had already paid $1,893.00 out of the original balance of $2,113.72. I feel like I was misled, deceived, and conned with false information to get me to make payments.

On February 14, 2008, the sheriff stopped in to drop off the complaint. The complaint states that I stopped making payments on June 21, 2006, when I have bank statements showing I made payments in July and August of $250 each. They are now also claiming I owe $1,329.01. I had 20 days until I would get a 10 day response warning.

I wasn't able to schedule a meeting with an attorney until March 17, 2008 in which I took everything for review. I receive the 10-day Notice on March 10, 2008. The attorney I was dealing with (a local legal help center) figured out that if I owed anything I only owed about $300.00 and continued to write my Answer stating a NEW MATTER, that 1. the Plaintiff's complaint fails to state a cause of action upon which relief can be granted. 2. The Defendant does not owe any money to the Plaintiff. 3. The applicable statute of limitation on this action has elapsed.

This "Answer" was submitted to the Prothonotary Office on March 19, 2008. I had until March 20th to reply. I also mailed, first-class, the Answer to the Plaintiff.

On March 24, 2008, the Plaintiff issued a Notice of Judgement and a notice stating I am in Default because I have failed to enter a written appearance... of which I DID file with the courts and mail out to them. Now, I can't seem to find an affordable attorney to represent me because the office I had gone through only could write up my answer. I own nothing, rent my apartment, have no income because I'm disabled and receive only welfare. I'm sorry this has been long and drawn out, but I felt all of the information was important to get the right type of advice. Any advice as to what I need to do next? I really need help with this. Thank you.
 
Hello Kwitherite,

I can't advise you properly because I'm not an attorney and your state laws and rules of civil procedure may be different than my state (Pennsylvania). However, I can tell you I successfully defended a similar action (sui juris - no attorney) by a collection agency by filing a Preliminary Objection to the Complaint in the Nature of a Demurrer. These collection agencies rarely have the correct and complete documents and the burden of proof is on them to show you owe them money and that they have standing in the case. But you must make them prove it and upon failure of them to prove it, most judges will toss out the lawsuit. Please go through the thread with the link I provide below and see if you can understand how I did this and perhaps you can follow.

http://www.thelaw.com/forums/showthread.php?t=12507

You might also get some help via this site:

http://www.budhibbs.com/coll_to_avoid_list.htm
 
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