Pending Lawsuit from Atlantic Credit and Finance

[d0tmatr1x]

I have been a long time on the rebuilding road but recently I have experienced a set back. I received two solicitations from lawyers to help with a "pending" case. I got curious so I decided to do a case search with my name on Alabama's electronic court records system. I did in fact find the case. I haven't been served yet. Looking over the paperwork, it is for a Citi credit card account that I never had. There are two affidavits, one from Citi and one from Atlantic Finance. 

Does anyone have experience defending against these types of lawsuits?

[RobertEG]

Were the affidavits in the file pertaning to their title to the debt or to their certification of basis for showing you as the responsible debtor?

When was the civil action filed, and does it show any efforts to or satisfaction of service of notice on you?

What is shown as your address?

Did the court set a period for your response, which you did not receive?

They apparently have pulled your name from some sort of search and concluded based on their info that you are the responsible consumer.

I would suggest you obtan legal counsel for review of their showings with the cuurt of either service upon you or adequacy of their afficavits.

As a side note, Midland was nailed recently for robo-signing of affidavits filed with the courts in support of their assertion of resonsibility for debts.

The court procedure accepted such affidavits in lieu of proofs as preliminary support for their lawsuit, and the debt collector was auto-signing such affidavits without adequate substantive review.