In June I found a summons to appear taped to my door from an attorney representing a credit card company. I had never had any previous contact with their office until the summons arrived. After some researching online I discovered this summons to appear was because they had already sued me in Nov 09, although I never got a summons or was notified about the original lawsuit.

I immediately sent a letter to the address listed on the summons asking for proof of validation. 2 weeks went by, no answer. The third week I sent another letter, this time certified asking for the same information. 3 weeks later when I was ready to send out a 3rd request, I got a letter in the mail with a copy of the original judgment, and nothing more. No account number, nothing proving the debt belongs to me.

I went to court today and waited for my name to be called to sit with the attorney representing several creditors that day. I asked her for an account number, a signed application, a date of first delinquency and she could not provide me with any of that information. I also told her I never received a summons to appear for the first court date in November. She told me I needed to file with the clerk but she could not tell me what I needed to file and she would have me come back in 2 months.

While I am not admitting or denying this debt is mine- this account does not appear on my credit report. I have one credit card from the same company on my report that shows paid/closed/never late and last reported in 2001. I have no recollection of this debt, and they could not prove that it belongs to me. They also had my maiden name on the summons and I have been married and had my name legally changed 7 years ago, not sure if that even makes a difference.

So my question is can I file a motion to dismiss? Would their inability to provide proof of debt be a violation of the Fair Debt Collection Act? Or did this give them a heads up and the next time I go to court they will magically have this information available?

I really do not have the money for an attorney, and I am trying to do this myself. It is a substantial amount of money - about $4500. If I am doing this pro se I want to have my ducks in a row and try not to embarrass myself.