I recieved a summon and complaint today. Nothing else was attached to it. Do a credit card agreement suppose to be attached it. I stay in GA...

Question

I recieved a summon and complaint today. Nothing else was attached to it. Do a credit card agreement suppose to be attached it. I stay in GA. It say I owe chase $1900, 0 interest, and 262.50 attorney fees.

looks like its 3 plaintiff :Equable Ascent Financial< LLC of Chase Bank(USA)/WAMU. represented by a law firm

I recieved a letter from a law office saying I owe chase. I asked for validation. They sent a letter basically saying yes you owe this amount, and you opened this account with chase, but no wriiten proof like copies of documents. I sent a 2nd letter asking for some form of written proof and contact information for chase. Never got a response to my second Validation letter.

I cant afford a lawyer, so any infomation will be helpful...thanks

also can someone tell what part of the ocga code to look under for this matter

Answer

Up to now you have done everything wrong, so stop messing up and see a lawyer.

This bunk I see over and over online about "I sent a validation letter" shows why you need a lawyer. That is NOT how you deal with things. In fact, by doing that, you may have compromised your rights (by what you did or did not say). All you get is what you got. In fact, in requesting info on Chase you weren't even asking for the right party, as your debt has apparently been sold.

As early as 45 days from now, you may have a creditor attaching your paycheck and bank account. Spend $100 on a consultation with a lawyer.

First of all, you MAY have legal defenses ranging from a statute of limitations, to other defenses.You also can, with a PROPER request, get account records.

At that point (best case scenario) the advice you get might win you the case. Worst case scenarion is that you will lose and a lawyer may be able to help you negotiate a lower number or at least payments to avoid that looming garnishment.

Finally, instead of a defense, if you have other debts, you might qualify to wipe them all out in bankruptcy.

The Georgia code does not have much that will help you.

And no, they don't HAVE to attach the agreement, but thye fact they didn't COULD mean they can't find it, or that it's very old, and that MIGHT help if you get enough coaching. Do it yourself and you are going to lose.

I suspect the $100 or so you spend on a serious consultation will reap you more than that in benefits. If nothing else, it might slow the process so you have more time to pay. There is a very good chance that a pro se answer will result in you losing, and possibly waiving things that would have helped you.

For future reference, you would have had more and better options when the lawyers wrote you rather than waiting for suit. (A final reminder: your answer, defenses and any counterclaims are due 30 days after service).

Answer

You ask for the documents in a p[rocess called "discovery." If the debt has been sold, you will ask them to produce the original credit card statements, something from Chase indicating that you owed the money to Chase and a valid chain of title showing how the current creditor acquired the debt from Chase.

Some lawyers will honor validation requests and some will not. If they do, sometimes its proper and sometimes its nothing more than a made up statement from the lawyer or junk debt buyer. However, nothing is really required as the Fair Debt Collection Practices Act does not spell out what is needed for a validation or verification of a debt. While it might be a violation of law, most people do not want to spend their resources litigating this.

If it has been more than 6 years since you last paid on the debt, you might want to see local counsel and litigate this and make them produce proof. However, if its been less than 6 years, and this is really your debt, then your resources would be better spent in resolving the debt rather than fighting in court.

If you would more specifically like to discuss your case, I give free consults via email. I also can assist in resolving your debt for a reasonable fee if you have the funds to do so. Please contact me at [email protected]/* */ if you are interested.