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Report: #573500

Complaint Review: Resurgence Financial - chicago Illinois

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  • Reported By: joanna — ontario Oregon United States of America
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  • Resurgence Financial chicago, Illinois United States of America
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Resurgence Financial summons ,unknown creditor not on summons ,amount handwritten, chicago, Illinois

*Consumer Comment: Advise

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summons given to me, no creditor other then resurgence financial, have not had credit in over 10 years .since i lived in ill, nowlive in oregon, filing in oregon near my home, for  $2766.34 or $12.766.34 hand written summons amounts different in 2 spots (the summons typed amount handwritten obvious to confuse)


have to pay $137 fee to circuit court to file answer


statue of  limits ,laws in oregon debt 6 years old have to be filed


filing ans myself at this time , no attorney , however considering hiring atty if needed


any one know if i can counter sue to get my fees back for ans this and for inconvience


on filing return ans  1.notice of intent to defend, 


 2. request for debt validation           3. original creditor and debt holder name address  and all records pertaining to loan or debt dates of loans credit


4. fair credit laws be violated  (see internet listings)


any advise appreciated

This report was posted on Ripoff Report on 02/22/2010 10:04 PM and is a permanent record located here: https://www.ripoffreport.com/reports/resurgence-financial/chicago-illinois-/resurgence-financial-summons-unknown-creditor-not-on-summons-amount-handwritten-chicag-573500. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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REBUTTALS & REPLIES:
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#1 Consumer Comment

Advise

AUTHOR: John - (U.S.A.)

POSTED: Monday, February 22, 2010

This debt is probably time barred and past the statute of limitations. 

Have you officially been served a summons to appear in court for this debt by a sheriff or process server that included a court case docket number ? Has a court date been set? A letter from a collection agency implying legal action is not a summons.  A debt collector can always try to sue, but once the statute of limitations is up they would loose assuming you showed up in court to state that the debt is past the statute of limitations.

Send them a letter via Certified Mail + Return Receipt (NOT regular mail) stating:

Per the Fair Debt Collection Practices Act, I cannot respond to your claim until validation has been made of this alleged debt, to include:

- a copy of the  original signed contract with my signature. A typed letter showing an account number and balance due will not be accepted as validation. I cannot respond to your claim until a copy of the original application with my signature has been submitted as validation.
- validation of the original "Date of Delinquency" for this alleged debt
- validation that this alleged debt is within the statute of limitations.

Receipt of this letter is being officially timestamped by the US Postal Service.
=======================
Be sure to send this via Certified Mail with Return Receipt

Contact your local courthouse to confirm if this is a real summons. If it is, don't worry, just show up in court at the appointed date/time and tell the judge that this debt is past the statute of limitations and it time barred.

If there is a confirmed court date: You MUST show up...If you don't, they'll get a default judgement against you even if the debt past the statute of limitations because you didn't show up in court. It will also be necessary to respond in writing to the court if they require this.
- Stay off the phone....don't talk to these vultures...hang up if they call. They can't have you arrested and they have no direct legal power over you. Send the validation request as mentioned above.
=============
See what Bud Hibbs has to say at:
http://www.budhibbs.com/collectorpages/LVNV.htm

See this link:
http://www.ripoffreport.com/Collection-Agency-s/Resurgence-Financial/resurgence-financial-garnished-4w57y.htm
=====================
There is a statute of limitations for credit card debt, which is the amount of time that they can successfully take legal action against you for the debt. This time period varies for each state. You can find this time period for your state by going to the link below and looking under "Open Accounts."

http://www.creditinfocenter.com/rebuild/statuteLimitations.shtml



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