Legal Question in Credit and Debt Law in California
sued by a collection agency
On May 11, 2007, a summons was discovered l in my mailbox. Fidelity Recovery LLC (on the behalf of Unifund) is suing me for $5931.74 plus interest & attorney fees for a Chase credit Card debt. Fidelity is suing for the principal sum of $9537.86 plus interest @ the maximum legal rate of 29.49% from May 2007 until paid in full. This account was opened in 1999, charged off by Chase on April 29, 2005 for $5931.74. Unifund bought this account from another collection agency on Dec. 18, 2006. I am lost for words. Please advise
3 Answers from Attorneys
Re: sued by a collection agency
If it was truly charged off, you should have received a 1099 imputing you with income in the amount of the chargeoff. If that happened, the account has been resolved.
Call the attorney on the new case and tell him about the chargeoff. If they press on, they're probably violating your rights under the FDCPA.
Re: sued by a collection agency
The first thing to consider is that an answer will need to be filed very soon. You would be best advised to speak with an attorney asap. That being said, you may have valid defenses to this suit. Some of which may even allow you to revoer attorneys fees under state and federal law.
I would be willing to discuss some of the issues concerning your case to see how I may be of assistance.
I offer prospective clients an initial consultation of 30 minutes for free.
I look forward to speaking with you.
Yours truly,
Bryan
Bryan C. Becker, Esq.
Principal
Law Office of Bryan C. Becker
The Koll Center
501 W. Broadway, Suite 800
San Diego, CA 92101
Toll Free: 877*201*8728
Direct: 619*400*4929
Fax: 619*400*4810
Member, National Association of Consumer Advocates
www.naca.net
Re: sued by a collection agency
In your mailbox? Thats a bad serve. We sometimes call it a sewer serve. You should talk to an attorney and obtain a proof of service from the court file. If it is wrong, you may be able to file a motion to quash service. That wont make the lawsuit go away, but it will put them on notice that you will fight them.
I am currently handling a case involving Unifund. You need to make sure this is handled aggressively. If you would like a free consultation, please feel free to contact my office.