WhyChat Followup.....
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Posted by Mykel
(165.247.176.67) on July 19, 2004 at 22:19:51:
WhyChat....I'm following up to a post of mine on CN that you replied to. I thought I'd post it here. Hope that's ok. This is the link to the thread: http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=428754#post428754 Here's a few more details...I was mistaken about a few things. I'm started to catch on though ( I think). I was actually only served with the complaint. There was no summons with the complaint. I checked with the clerk of court ( this is filed in our version of small claims ) and there is a summons in the case file but no record that it was served to me. I need to check back with the clerk to see why I wasn't properly served. The complaint includes a generic credit card agreement. There is no reference to me anywhere in the agreement. They also included a list of the alleged debt total, and affidavits that the debt is mine. The affidavits include nothing more than their head collection person saying that it's mine. There is NO signed contract or anything from the OC detailing this is my account. I would think the first thing I need to find out is why I wasn't served with the summons. Are they deliberately trying to have me default? Yeah, probably. Next, if they haven't attempted to serve the summons, I guess I don't need to file an answer until they do. If I do receive the summons and need to file my answer, a few things seem to jump out at me: In the credit card agreement they provided in the complaint, there is a section that basically says any disputes regarding the account must be handled via arbitration even if the account is assigned, transferred or sold. This would seem like a possible grounds for dismisal to me. Second, they seem to have failed to show any proof that this my account. There is absolutely nothing from the OC. Thanks for the help.....
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