WE WON AGAINST COLLECTION AGENCY!

[prisskitajoe]

I haven't posted on CB in a long time, but I definitely read, read, and read some more whenever I have a credit related problem.

 

My husband was sued by a Collection Agency (HILCO) for a Chase credit card that was in default for nonpayment. The balance was over $4,000.

 

What I did (condensed version):

1. I answered the court summons by stating that I wasn't sure if this was his account because I had never heard of HILCO and the original creditor wasn't named on the court papers.

2. I also filed with the court the document that basically request that the Affidavit submitted by HILCO be thrown out because they had no relation to the original credit and first hand knowledge of the transactions related to the account, etc.

3. I also filed with the court the document request that the case be dismissed if the Affidavit is thrown out.

 

In the meantime, my husband had to appear for the court date. When he arrived, he found out that HILCO had already filed an extension. So, we knew they were scared. After this court appearance, my husband received from the court a new hearing date as well as a Notice letting him know that the two documents he filed would be heard during the new court date.

 

Well, today was his court hearing and my husband states to me that HILCO immediately pulled him aside and wanted to come to a settlement. My husband refused. So, the judge allowed HILCO to state their case, and HILCO's attorney basically agreed in front of the judge that he didn't have the necessary document he needed with regards to the activities of the account. When it was my husbands turn, he basically said to the judge "Who's HILCO?"

 

So, the judge agreed with my husband's filing regarding the Affidavit and dismissed the case. However, he did state to my husband that he could be brought before the court again for this same account.

 

I am so relieved that it went his way because he didn't have a clue what to do, and I had to give him a quick summary this morning on what everything meant and how to argue the case.

 

I hope this informatio is helpful to someone.

[AnonymouslyIndebted]

Congratulations for winning that case All your effort on filing the paperworks paid off. Great job!

 

I learned so much from your experience. Thank you so much for sharing.

[shadekitty]

Chances are if they don;t have the paperwork, neither will the next company they sell it to - or even if they try again.

 

We went through the same thing with Midland. They sued us for a debt for a card, never mentioned what it was. We thought it might have been for a sears card from many years ago - which would have been SOL anyway.

 

They showed us "paperwork" (no signatures, no contracts, etc) of a Fleet card (We've never had Fleet before and had no idea what it even was) and didn't have any names or identification on the paper that they submitted as "evidence"

 

Case was dismissed, midland lawyer was admonished and we havent heard a peep out of them since.

[ArchonInitiative]

Credit Boarder 1

CA legal hack 0