My husband received a summons to appear for mediation in Oct 08. The attached complaint was from Hayt Hayt & Landau. The complaint stated that Arrow Financial Services, LLC as assignee of (I do not want to provide the name here) Bank was suing him for damages. The complaint included an account # and an amount due plus interest, attorney fees and court costs.
My husband went to the mediation and requested proof of any kind that this was his debt as he had never had an account with this bank. No Proof was provided. Mediation ended unresolved.
Next, he went to a hearing before a judge. The same thing happened as did in mediation.
Next he received notice that there would be a trial.
Next, my husband received notice for a summary disposition. Attached to the disposition was simply an affadivit signed by an employee of Arrow Financial services, and stated that she was familiar with his records and the original creditor.(The name that appeared in the complaint) She did not state the true original lender or attach any proof to the affadavit. My husband responded to the summary disposition. The attorney claimed he did not have it in his file. My husband showed him proof of delivery by FedEx the previous day. The judge told the attorney he could reset the hearing after he had time to review my husband's response.
The hearing was never re-set. He has to go to trial which, had been previusly set. The trial is in a couple of weeks.
After trying to figure out what was going on, and reviewing reports from 2 credit bureaus, we have figured it out. He did have a debt with a credit card company.(We were unable to pay as I had become disabled a couple of years prior. I also was the one who made the most money) That company who he did owe money to was bought out by another bank. We were completely unaware of this. We had no communication from Arrow Financial Services. The account # on the complaint appears to be a new # assigned by the bank who bought the original debt. The bank who bought the debt, and the account # listed in the complaint does not appear on the report from one of the major credit bureaus. We ordered a credit report today from another credit bureau and discovered what I have just described. If we had known this was probably a legitimate debt my husband could have worked out some kind of settlement with them, and avoided missing work, additional attorney fees, and court costs.
I am permanently disabled, and receive very little from Social Security. We can hardly pay our medical bills and prescriptions.
Does anyone have a suggestion as to what we should do next? I believe that when it comes to trial they will produce evidence that it is my husband's debt. Do we have any grounds regarding the fact that the original creditor and account number were not stated in the complaint or at any time afterward?
Thank You for any assistance provided.
Mount Dora, Florida