This is kind of long, I apologize, but I want to make sure I get all the facts included!
Attorney Jacques A. Marchol Jr. (of Linebarger Goggan Blair & Sampson, LLP also of Marchol & Johnnes, PC) of Boulder Colorado representing Midland Credit Management (a.K.A. MCM) of San Diego California, served me with a Summons and Complaint suing for an amount of $10,816.01 on Sunday Nov 12. An unidentified man opened my front door and forced the papers in on me (and after I'd denied my identity after he asked - I wasn't admitting to anything till I knew what he wanted!) - I'm pretty sure he was an office grunt, because a sheriff would have known better than to open someone's front door without permission from the resident or a having a search warrant in hand...
The Summons states that I am to appear in County Court on Nov 22 (in Boulder). I got suspicious that the paperwork wasn't real so I called up the Court listed on the Summons. They have NO RECORD of me, or of this attorney or this company having filed any paperwork with them whatsoever. There is no case number, there is no judge listed - nothing.in other words, it appears that Marchol has me served with an empty threat in an attempt to scare me into handing him $10,000 without a quibble, just to avoid getting myself into trouble.
I spent the rest of last week trying to find a lawyer, which I didn't succeed at (not one of them I left messages for called me back, and the few I managed to reach directly didn't handle cases such as mine unless they were in conjunction with say, a bankruptcy). I did have a lawyer I have turned to in the past when harassed by a junk debt collector; I contacted him first-thing only to find out that he is friends with this Marchol, so couldn't help me in this case (not that I'd want the lawyer representing me to be buddies with the one trying to sue me!).
I hope I did the right thing, time not being on my side I had to do something and quick, so I sent a letter to MCM asking them to Validate this Debt. I used a form letter that I've been seeing all over the place on the Internet, asking them to explain:
What the money they say I owe is for;
Explain and show me how they calculated what they say I owe;
Provide me with copies of any papers that show I agreed to pay what they say I owe;
Provide a verification or copy of any judgment if applicable;
Identify the original creditor;
Prove the Statute of Limitations has not expired on this account;
Show me that they are licensed to collect in my state;
Provide me with their license numbers and Registered Agent;
I understand that they have 30 days to comply with my request, and I informed them I would require (an additional) 30 days to verify the information they provide and during that time all collection activity must cease and desist. Will this stop them from taking legal action against me as well? If so, shouldn't it stop them from actually filing this empty-threat of a Summons and Complaint with the court, and if they do it anyway, won't the Judge toss the whole mess out of his/her court? This lawyer and his client's intent to pursue legal action does not constitute actual legal action! Until they actually file with the Court, that is all this is, intent?
I also notified MCM that they are to communicate with me only in writing and that if they have reported any invalidated information to the 3 major credit bureaus that it would constitute fraud on their part and I would sue them. I know for a fact that MCM HAS already done this with Equifax and Experian (I couldn't get into TransUnion to check, I'll need to call them, but I'd bet it's there too). I've left those alone for now, just printed out copies of the statement and if MCM does not voluntarily remove them, they can explain why to a judge at a later date.
I sent my letter to MCM via DHL, which will obtain a signature as proof of delivery (there's not enough time to send it Registered with the USPS). Have I done what I need to do? Is there something more I ought to do? The so-called Summons states I have until Nov 22 at 2:15 pm to file an Answer with the Court if I disagree with this suit, but if the Court has no record of this Summons, isn't this just so-much smoke blown in my direction by an unscrupulous lawyer?
Also, this Summons-that-isn't-a-real-Summons states that if I want to file an Answer, I have to appear at the Court at the above date and time and pay the Court to file this Answer or ask for Jury Trial. WHAT? They are telling me I have to pay the Court for them to level a suit at me? That doesn't sound right either. Wouldn't I only be liable for Court costs if this went to trial and I lost? And wouldn't it be a fine thing, for me to show up at the Court House asking to file an Answer on a case that they have no record of? Or is it the lawyer will file with the Court at that time, and I'd better be sure to be there to get my 2-cents in?
Here are a few other little details that may or may not be pertinent to my situation:
1. This is the first I've heard from either this attorney or this Junk Debt Collector. I have received no phone calls unless they used a blocked number (which I think I read somewhere they are not allowed to do) and we do not answer blocked numbers at this household, ever (does anyone?). I have also received no letters from them prior to (or since) Nov 12.
2. At this time, the County Court of Boulder County CO has no record of this lawsuit. I have sent a letter to MCM asking for them to Validate this Debt before any Court's or Judge's knowledge that MCM is threatening or intending to sue me for any amount of money.
3. The title of this Debt they claim I owe is in question. It has been passed around from Debt Collector to Debt Collector for almost two years. Every time someone brings it to me, it's grown in monetary-size. It originally started from an Open Account with Aspire Visa, who charged it off. They had purchased it from Providian Visa (about 4 years ago). Aspire never actually had me sign any agreements with them, all paperwork that was signed by me, was with Providian - are these signatures transferable with the sale of the account?
3. Gerald E. Moore and Associates tried to scare me into paying them money I didn't owe using this debt as their basis to harass and threaten me. I sued them, they settled out-of-court then re-sold the debt to someone in Kansas City, MS - who incidentally amongst a great deal of other abuse, threatened to come to my house, beat me up and rape me if I didn't pay up, I laughed at the idiot on the phone and had my lawyer give him a call - they sold the debt again quick.
4. This debt has passed through about 3 or 4 hands by now, and by now, I've seen just about every nasty, dirty trick a junk debt collector will attempt to scare people into paying them money they have no right to collect. This lawsuit that isn't a lawsuit is a new one to me, so I am a bit rudderless!
Thanks in advance to everyone who can help answer my questions and has any advice to give on this matter!
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