Marcadis And Associates - Summons Notice HELP! Suing me for a Sears card balance that is over 5 years old Tampa Florida
I have just been served a summons to appear for a pre-trial conference on September 5th. I need advice from Steve or anyone else who has dealt with these people...I googled Marcadis & Assoc. and the first page I got was ripoffreport, so that's not a good sign.
First of all, let me start with a little history. I have been getting calls that show up on my caller ID as "Christ the King"...thinking it was a church calling to get new members I didn't answer it because I didn't feel like defending myself for being Mormon.
Anyway, one day after I got home from work (I am a teacher) I noticed that these people had called 5 times that day. I was a little freaked out that a church would be calling me that many times, so I called the number back. Well it tells me that I have called Marcadis and Associates and that I need to enter the correct extension. I had never heard of these people, so I hung up thinking it was just a scam or telemarketer.
Keep in mind I have never received anything in print or otherwise from Marcadis & Associates. I get the summons this morning and it is for a Sears card that supposedly has a balance of over $3,800 and they are adding $1,200 in interest/fees to bring the balance to over $5,000! To say I am scared it an understatement - I cannot let something like this ruin my reputation as an educator.
I have looked over my credit report (granted, it is not a good one since I have a scumbag ex husband who took care of that for me) and I see a delinquent Sears account from 2000-2001. The last activity on this card was in 2001, but the balance was definitely not $3,800. I admit that I let this one go to collections..afterall, most if not all the items charged on it were not even mine.
My question is this - what do I need to do now? I am not positive the account they are talking about is mine (even though it is a possibility). Even if the card is mine, could they really be suing me 6 years later?
I need to know what I need to do in order to get prepared for this pre-trial conference. I need to know what to say when I go to court, and what questions I need to ask.
I am worried - help me!
Thanks,
Julie
Laneysmom
Panhandle, Florida
U.S.A.
7 Updates & Rebuttals
Tim
Valparaiso,Indiana,
U.S.A.
You may need/want to file an Answer
#8Consumer Suggestion
Sun, August 12, 2007
All of the advice I've seen in the rebuttals thus far is solid. It sounds like they jacked up the amount of the debt, by adding fees and what not, to cap out the jurisdictional maximum for a small claims case. Is the case proceeding in small claims court?
If the case is proceeding in small claims, then in most states you MAY, but are not required to, file an answer. I would suggest doing so. If the case is NOT in small claims, you ARE required to file an answer, and a failure to do so could result in a default judgment irregardless of whether you show up for the pretrial. In most states, the time you are given to file an answer, when one is required, is 20 days, so HOP ON IT!
If you don't plan on hiring an attorney, your answer doesn't have to be all that formal, or conform to any strict standards, in order to be accepted by the court. Courts recognize that pro se defendants (people without lawyers) aren't familiar with the rules, and thus grant some leeway.
In your answer, you should first actually ANSWER the complaint by stating that you deny any and all personal liability on the debt. Then, you can set forth the fraud defense, and generally (don't get too specific) set forth the basis for why you think you were defrauded.
You should be able to just type this all out in simple paragraph style. Title the different sections (i.e. I: Answer and II: Defenses). At the top of the first page, be sure to put down the name of the case (i.e. Sears, Inc. v. Jane Doe), the case number, and the name of the document you are filing (Defendant's Answer and Defenses).
Then, bring three copies of your answer down to the clerk's office at the court where the case was filed. One copy is for the court, one is for you (you'll want the clerk's file stamp on your copy) and one is for the Plaintiff's attorney. Ask the clerk what the acceptable means of delivering the plaintiff's copy to the plaintiff's attorney is.
In the least, drafting an answer should help you get your thoughts together for the pretrial conference. When you go to the pretrial, the judge should be kind enough to recognize that you are pro se and should help you through the process somewhat. Also, if he already has your answer in his hands, you will have basically already set forth your case.
I would also send a letter to the Plaintiff's attorney, entitled "Request for Production of Documents," asking the attorney to send you ALL pertinent documents relating to the account including, but not limited to, documents relating to the application for and opening of the account and statements relating to the account.
If you have more questions, feel free to ask. Thus far you've gotten some knowledgeable answers, and such should continue if you so need.
Best of luck!
Aafes
Viernheim,Europe,
U.S.A.
At once you need
#8Consumer Comment
Sun, August 12, 2007
to file a response to the summons. In your response you can ask for "discovery" requesting copies of the entire creditor's file, including the original application for the account. Make it clear that you have not opened the account and you suspect fraud.
You are within the SOL and if you ignore this you will lose by default and end up paying someone else's debt.
You need to also file a fraud report with the police, and have the credit reporting agencies enter a fraud alert on you credit file.
Aafes
Viernheim,Europe,
U.S.A.
At once you need
#8Consumer Comment
Sun, August 12, 2007
to file a response to the summons. In your response you can ask for "discovery" requesting copies of the entire creditor's file, including the original application for the account. Make it clear that you have not opened the account and you suspect fraud.
You are within the SOL and if you ignore this you will lose by default and end up paying someone else's debt.
You need to also file a fraud report with the police, and have the credit reporting agencies enter a fraud alert on you credit file.
Aafes
Viernheim,Europe,
U.S.A.
At once you need
#8Consumer Comment
Sun, August 12, 2007
to file a response to the summons. In your response you can ask for "discovery" requesting copies of the entire creditor's file, including the original application for the account. Make it clear that you have not opened the account and you suspect fraud.
You are within the SOL and if you ignore this you will lose by default and end up paying someone else's debt.
You need to also file a fraud report with the police, and have the credit reporting agencies enter a fraud alert on you credit file.
Aafes
Viernheim,Europe,
U.S.A.
At once you need
#8Consumer Comment
Sun, August 12, 2007
to file a response to the summons. In your response you can ask for "discovery" requesting copies of the entire creditor's file, including the original application for the account. Make it clear that you have not opened the account and you suspect fraud.
You are within the SOL and if you ignore this you will lose by default and end up paying someone else's debt.
You need to also file a fraud report with the police, and have the credit reporting agencies enter a fraud alert on you credit file.
John
Louisville,Kentucky,
U.S.A.
Advise....
#8Consumer Comment
Sat, August 11, 2007
DO NOT ignore the summons...even if you don't owe the debt or if it's outside of the statue of limitations....If you ignore it and don't show up at court...the other side will get a default judgment against you and you WILL owe it...At this point the other side can do all sorts of nasty things to you like garnishing your wages of freezing your checking account.
Step #1 would be to file for a "MOTIONS FOR CONTINUANCE," which would postpone the actual court date. There's no guarantee that they'll grant this but there's no harm in trying....
Step #2 is to do tons of research I strongly recommend Budd Hibbs at:
budhibbs.com
He can offer referrals to an attorney if you need one...Note: I have no personal interest in making this recommendation nor do I receive any financial gain in doing so. Bud Hilbbs is a great consumer advocate in dealing with sleazy collection agencies.
Step #3 is to send a "debt validation" request via Registered Mail with Return Receipt to this collection firm...Note: they have a history of ignoring these requests.
Take all of this VERY seriously...these sleazy people can do tremendous harm if you let them.
Laneysmom
Cottondale,Florida,
U.S.A.
Marcadis and Associates - summons notice
#8Author of original report
Sat, August 11, 2007
Update after thinking about it for a while, I did some research. I had a strong feeling about this Sears account and pulled all three of my credit files. There was the Sears account I was thinking about from 2001 - paid in full and closed since 2001. Then there is another Sears account (the one in question that I am being sued over) that was opened in June of 2003. I know without a shadow of a doubt that I did not open any accounts in 2003...and definitely would not have done so with my maiden name since I had been married for over 2 years by that time. I start looking a little further and see that there are four addresses listed in my personal history that I have never even heard of...one of them is even in NC, and I have never lived out of the state of Florida!! One of the four addresses is the one that my ex husband moved to after we separated, so I know he must have been trying to get credit in my name since I never lived at that address and don't even know where in Tallahassee it is located.
My question is this - what do I do now that I am almost 100% sure that I am the victim of fraud and am now having to go to court in less than a month to defend myself??