Summons by First Resolution Investment to appear in Court

[Creditwrench]

Summons by First Resolution Investment to appear in Court
Question: I am being summoned to appear at the Superior Court of
California, Riverside County for a credit card debt that I defaulted
in 2003 which was owned by Bank One and then sold to Professional
collections. After been harrassed by professional collections for a
few months I agree to make payments on it and paid from 2003-2005 not
realizing that it would only renew the contract, which under the
statue of limitations in CA the debt is considered to be under default
from 2005 rather than 2003. Professional collections stopped
collecting from me in 6/05 because they sold the account to another
agency which did not begin contacting until last year. My question is
what is the best way to go about this suit, do I respond with a
discovery and questions to interrogatories and would you suggest I
retain counsel. The balance on the debt was originally for $8116.79
but now it is that plus interest at the rate of 22.990% over the last
3years which would be approximately $13,714.94 that they are claiming
that I now owe.

Thanks,
Alicia

Answer: If I were in your situation I think I would respond with a
graduated denial, then follow that with the first 3 of my 5 discovery
tools and a demand for validation of the debt. I'd look for any
affidavits in the court record and see if they were valid affidavits
or not. I'd do my best to work towards getting a federal lawsuit
against the attorney and name his plaintiff as a co-defendant if they
too are 3rd party debt collectors.

Bill Bauer
405-684-9297
405-227-9423

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