I'm being sued by a debt collection agency. The debt in question is from a May or June 2015 personal loan of 12,000.00.
I received a notice requiring my response back in September, and I filed my response after I did some research online - My response simply was to confirm my identity and that I didn't agree with their statement of debt.
Within a week, the lawyers representing the debt agency had sent me several pages worth of files as "proof of debt". These papers do have my name and dollar amounts on them, but it also has a lot of redacted information that could be other people's information, or it could be anything else, I don't know because it's essentially censored.
So far, nothing has progressed in this case to my knowledge. After those documents were sent to me, I've not received anything else from the attorneys or from the courts. I assume that eventually, they'll decide to move forward with the case.
My question is, what is the best course of action for me now? Is there possible strategies to fight them that won't be costly and can I do them without an attorney or do I need representation, or is this a no-win scenario?
You are best off having an attorney. This debt is not that old, but they have to prove that they own the right to collect and that you owe the debt. They have to redact account numbers and some of the information (imagine them uncensored statements showing payment of bills to your doctor). If you go to trial, they will likely question you as to whether you had that credit card and incurred the charges that are shown. They will likely send you requests that you admit such, and if you don't deny the requests within 30 days under oath you are deemed to have admitted the truth of what they assert. Whether you are testifying or answering requests for admissions, you have to tell the truth; so if this is a card that you remember having and using, they may be able to prove up the debt. If you have well documented amnesia it might be more difficult for them, but be careful of what you wish for...
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Now is the time to schedule an appointment to meet with a qualified Bankruptcy Attorney. The debt you are identifying is not "small potatoes". When you meet with the Bankruptcy Attorney, take the letter and other documents you refer to in your post. It may be that the documents you refer to are simply the initial steps indicating "if you don't dispute this debt within 30 days, we will consider your silence as an indication that you owe the debt". If that is the case, it is not a legal Complaint that has been filed with the Court yet. Eventually it may be filed with the Court, but you should be aware of your options before that time. Meeting with a Bankruptcy Attorney in your area will enable you to make informed decisions as to what is best for you regarding this debt and all others that you may have currently. Best of Luck to you.
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One fact is noticeably missing. Did you borrow the money? If so, did you pay it back? If not, what defenses do you believe you have? Best to see an attorney to look for technical defenses.
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