Legal Question in Credit and Debt Law in Virginia

Credit company lost original documents

I have an account with HouseHold finance. I had authorized automatic payments. Unknown to me, they stopped withdrawl from my account without notice. When I noticed that payment was not coming out my checking account, 2 months later, I called HH and was told that the account was turned over to an attorney's office. I explained that I never received anything from an attorney. I was given the number to call the attorney, and the attorney told me to fax 2 months paystubs and 2 months of my checking account statements. I told them I just wanted to make my payments and why was this necessary. I was told not to send in my previous payment arrangement. I was told that they would decide what my payments would be. This was faxed and 1 month later I received a summons to go to court. The summons states that although HH have lost the original documents and have nothing with my signature I am still responsible. I answered the summons but also did a counter-suit. I have been told that without original documents, HH does not have a case. The letter was dated 04/01/2009 and stated I had 21 days to respond. I was given the summons on 04/21/2009. Yes, I had to work fast, but I did answer the summons. What can I expect when we go to court. Thanks


Asked on 7/15/09, 4:11 pm

1 Answer from Attorneys

Cary Moseley Law Office of Cary Powell Moseley, PLLC

Re: Credit company lost original documents

You can expect a heck of a fight in court. Whoever told they don't have a case will either be right or very mistaken. Good luck.

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Answered on 7/16/09, 9:33 am


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