Being sued in small claims by a collection agency I've never heard of

[Specialkr4]

Hi,

I received a Summons back in March to appear in Small Claims court. I'm being sued for $2200 by a company called First Resolution Investment Corp. I've never heard of them, literally ever. So I show up and talk to the attorney who says that I owe this debt and the original creditor was Citibank/Citifinancial.

I haven't had an account with Citibank since 1997 when I went on a Debt Consolidation program with Consumer Credit Counseling Services of Massachuestts. I finished the program in 2000 and paid off every card I had including the Citibank. Part of the program requires you to close the accounts and not open anymore until you have complete the program. I explained this to the attorney and he continued the case so that I can get documents from CCCS.

Here's the issue, CCCS only keeps records for seven years after the program has been completed, it's been eight. I also no longer have the pay off letters they sent as again it was eight years ago. My credit report is even showing it as a satisfactory account that has been paid off and paid as agreed.

My court date is next week but I have called the attorney to re-schedule because I will be away on a business trip that I can't get out of.

I've heard that maybe I should file a motion of discovery for validation of the debt and if they can't provide it, ask for a dismissal. So I need some advice.

What should I do?

 

[lwpat]

Have you filed an answer to the summons and was one required for your state's small claims? If not you are in default and need to immediately contact the clerk of court to see if you can file a motion for additional time. Your reason would be that you were in contact with the attorney and thought everything had been resolved.

You have a complete affirmative defense in the Statute of Limitations but this must be plead in your answer.

 

[Specialkr4]

One wasn't required for the Summons, it's just a summons to appear in Court. In MA, only the Plaintiff can ask for a continuance. I was told by the Clerk Magistrate that I had to contact the attorney and if they agreed they would change the date. I did that yesterday and his office said they'd have to check with him first and then they would call the court. They never called me back, so I will follow up with them tomorrow.

So in this situation do I file an answer with the court and if so, how do I do that?