Re: Being Sued...garnishment question

Posted by Rlee from Ohio (199.35.102.111) on October 02, 2003 at 01:06:06:

In Reply to: Being Sued...garnishment question posted by Jade on October 01, 2003 at 13:52:29:

Hi Jade, sorry to hear how things are going for you. You said that that the papers prove that the debt is yours,that is one thing, are they able to account for the amount they say you owe.
Do you have a court date yet? or have you been to the mediator hearing yet??
Did they verify the debt amount??
Is your debt past the 4 year SOL?
My attorney was unimpressed with the information the ca had, and sent interogatories, for original signed agreement,complete accounting, agreement that Ohio Code Section 1319.12 calls for. That way if things go as far as a court hearing you can tell the judge, how can I try and work out a settlement, when I do not know what the ca paid for the account.
You can ask lots of questions, that they have to answer, or the case can be thrown out for them not answering. For example you can ask them what do their records show as charge off date. Are they aware that TILA clasifies cc debt as open end agreemtns. If they are aware, do they agree that cc accounts are open end agreemetns. etc ect.

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