just received civil summons/ Unifund

2 ANSWERS

1. amomipais82
   

   Hi There,
   First of all, Unifund CCR PARTNERS is probably the plaintiff but not the attorneys in the case. You can file bankruptcy if you wish and you can try to settle with them if you wish. Which of the options you choose is up to you and I can't advise you about which is better. In my opinion neither one is acceptable. If it were me I would take a totally different approach. I would first of all check my state statutes to see if UNIFUND CCR PARTNERS has standing to sue in my state courts and I would check to see whether debt collectors must be licensed and bonded in my state. If they do then I would check to see whether Unifund is licensed and bonded or not and if so are they up to date on all their required filings. Since Unifund Partners is not a corporation I'd check with the Secretary of State to see if they have a DBA on file allowing them to do business in my state. The next thing I would want to know is what then allows them to bring suit in my state since they provide no service, loan no money, probably own no property within the state and have no minimal contact within my state and are not a banking or lending institution. They are nothing but the equivalent of a private person who does not reside in my state nor maintain any offices. Once I had that information then I would really get mean and nasty with them in court by filing a motion for more definitive statements. Their attorney would most likely object to that greatly and the fight would be on from there and most likely end up in federal court. But I can't advise you on what to do because I'm not a lawyer. I just make them cry a lot.

   Report (0) (0)  |   12 years, 9 month(s) ago  

2. Guest7355
   

   Also check to see if your state law requires notice of the loan or credit card being assigned to someone. In my state the original creditor is supposed to send you a notice when it's assigned to Unifund but there will be no record of it anywhere. Also request a complete accounting of every item that added up to their total $$ and all of the payments that have been made on the account. At same time, say send me a copy of the signed (cardmember) agreement. Fight it - don't settle with them. You can beat them.

   Report (0) (0)  |   12 years, 9 month(s) ago