I need answers on how to handle the following situation. Back in 1993, I had a U.S. Bank card that went into collections. In Dec 1996, after being contacted by NCO Financial, I made an agreement with them to settle a ~2200 dollar account for 1100. I sent them a cashier's check, and that was that. I received the 1099 to file the excess on taxes as income. I was recently contacted by a company called Calvary SPV say that I owe them 887.84. I called them and explained that I paid NCO years ago, and that this was a settled deal. The rep that I spoke to on the phone said "NCO stole another account from us. What you need to do is to contact them w/proof of payment". I told the rep that HE needed to contact them for proof of payment. FAST FORWARD TO TODAY... I was served a summons to court at work from this Calvary company for the 887.84. I no longer have the copy of the cashier's check, as I had a fire in my home April '03. What is the best way to contact NCO for proof of payment? How long do banks keep records of cashier's checks? I AM NOT PAYING THIS COMPANY ONE DIME!!! It looks like I have to pay 102.00 just to answer this complaint in court. I DON'T EVEN WANT TO PAY THAT!!! Please reply with any help. I'm supposed to appear in court on 01/12. I wouldn't miss it for the world... platinum31
Heckarooni, what is the SOL in your state. Its been 7 years, why not use that as an affirmative defense? Don't know how long banks keep records, you'd think it would be at least 7 for IRS purposes. If they don't have it, at least try and get a copy of the 1099 from the IRS as proof that there was a settlement.
1*Back in 1993, I had a U.S. Bank card that went into collections. In Dec 1996, after being contacted by NCO Financial, I made an agreement with them to settle a ~2200 dollar account for 1100. I sent them a cashier's check, and that was that. I received the 1099 to file the excess on taxes as income. 2*I was recently contacted by a company called Calvary SPV say that I owe them 887.84. I called them and explained that I paid NCO years ago, and that this was a settled deal. The rep that I spoke to on the phone said "NCO stole another account from us. What you need to do is to contact them w/proof of payment". I told the rep that HE needed to contact them for proof of payment. FAST FORWARD TO TODAY... 3*I was served a summons to court at work from this Calvary company for the 887.84. 4*I no longer have the copy of the cashier's check, as I had a fire in my home April '03. 5*What is the best way to contact NCO for proof of payment? 6*How long do banks keep records of cashier's checks? 7*It looks like I have to pay 102.00 just to answer this complaint in court. platinum31 ================= 1*The Sol and reporting has already expired on this 2*Since this is beyond SOL you don't have to prove anything to anybody. 3*Answer it or they will get a default judgment on you. 4*You don't need it as you don't have to prove anything about a SOL debt. 5*Don't contact them. Since they ain't suing you there is no purpose in contacting them. 6*What makes the difference? You don't want or need it! 7*Why?What is the 102 for?
1* The debt is 2 years past sol. You don't have to prove anything to any body on debts beyond sol so he don't need either of these things. That's one of the reason there is a sol on debts. If one is required to document debts that are beyond SOL then why have a SOL on debts?
7*Why?What is the 102 for? _______________________________________________ The 102.00 is an "appearance fee" charged by the court to answer this complaint.
I have NEVER seen any court charge a fee to file and answer. IF you recheck and they do require it, file a counter-suit for your expenses.
here is what the summons notice says: (I'm only typing the info on the option I'm choosing) 3. Deny that you owe the plaintiff all or part of the amount claimed by filing an appearance with the clerk on or before the appearance date on your summons. You may do this three ways: 1. Sign the answer form which is included with your summons and complaint, obtain a MONEY ORDER or CERTIFIED CHECK for your appearance fee, $72.00 for claims under $250.00, $72.00 for claims To exceed $250.00 but less than $500.00, $102.00 for claims to exceed $500.00 but not $2500.00. Personal checks CANNOT be accepted. Do not send cash. Return your answer along with your money order or certified check to (address of court) so that it will arrive before the appearance date on your summons. 2. Appear at the Circuit Clerk's office between 8:00 am and 4:00 pm Monday through Friday (except holidays) before the appearance date on your summons and file the answer form included with your summons and pay the required answer fee. 3. Appear in Courtroom # ___ on the appearance date at the time stated and advise the clerk that you wish to deny the claim. You must be prepared to pay your appearance fee at this time.
Filing fees You do have to pay filing fees for an answer. You will need to raise as an affirmative defense the statute of limitations. You should still try to track down proof of payment on the account. If you win you will get a judgment for the filing fees as cost of suit.
Re: Re: Summoned to court...need answers Platinum, This will help you, from Illinois ProBono site -- Illinois Civil Practice: http://www.illinoisprobono.org/index.cfm?fuseaction=home.dsp_content&contentID=277#appearance You've other options -- like a motion to dismiss based on the action being time-barred by the statute of limitations and this one too: Pleading is legally insufficient (e.g., no copy of alleged contract is attached). Appearance (Sup. Ct. Rule 181) Written appearances shall be filed within 30 days after service, unless the summons requires appearance on a specified day. Appearances are served as a regular pleading [see below]. Defendant must file an answer or motion within 30 days after service. This too, same source, What to do when a creditor sues you: http://www.illinoisprobono.org/index.cfm?fuseaction=home.dsp_content&contentID=25#respond Same source, information and citations for Illinois SOL's: http://www.illinoisprobono.org/index.cfm?fuseaction=home.dsp_content&contentID=278 Nodding on a validation as well -- make THEM prove you owe it, a receipt would be good, but the burden isn't yours and well, not much you can do about a fire. 1099-c = cancelled/forgiven Illinois small claims: http://www.consumeraffairs.com/consumerism/small_il.html Sassy
Re: Re: Summoned to court...need answers Thanks for all of the replys. I'm on it, and I'll keep the board posted on the results.
Re: Re: Summoned to court...Update Went to court on Monday...Spoke to a paralegal from the law firm who submitted the summons on behalf of the collection agency. I denied all allegations on the complaint. The court automatically gives a new court date, and I must pay the answer appearance fee of $102.00 by this Friday (1/16). If not, then even though I came to court, I lose by default and will have to pay the amount the collection agency is trying to get. ALSO, I contacted the collection agency I originally paid (before I became more wise), and they mailed me a letter showing proof that I paid and it was settled. I contacted the credit union, who provided the proof that I sent the payment through them (I had to pay $10/hr for them to search it out ($20.00 total). The court clerk stated that she thought I would need to file a "motion to dismiss". I'll post what happens when I file the answer tomorrow. On my answer, I requested reimbursement for all monies paid out associated with this complaint. I go back to court on 2/2. I'll update again.
Re: Re: Summoned to court...Update platinum31, I'm glad that it looks like you'll be able to beat these jerks, but I don't understand why they took you to court knowing that this was outside the SOL?
Re: Re: Re: Summoned to court...Update Since you haven't filed your answer yet, here's what I would be putting in as an answer: DEFENDANT'S ANSWER: Defendant, appearing pro se, hereby states the following: FIRST AFFIRMATIVE DEFENSE: That Defendant has fully paid Plaintiff and has Satsfaction and Accord thereto. SECOND AFFIRMATIVE DEFENSE That Plaintiff is time-barred from bringing suit in thsi matter under Section XXXX, Laws of the State of YY, in that the Statutory time for bringing actions in this state has expired. DEFENDANT's COUNTERCLAIM FIRST CAUSE OF ACTION That Plaintiff knew or should have known of Satisfaction and Accord, bringing a frivolous action before this Court, and causing Plaintiff to incur direct costs of defending against a frivolous action in the amount of $XXXX SECOND CAUSE OF ACTION That Plaintiff knew or should have known of the expiration of the Statutory Time with which the laws of the State of YY permit actions to be commenced, and that defendant has incurred direct costs of defending against a frivolous action in the amount of $XXXX THIRD CAUSE OF ACTION That Plaintiff, in bringing this frivolous action, has caused severe marital discord in Defendant's household, causing severe anxiety, stress and loss of consortium, and Defendant alleges damages in teh amount of $XXXX therefor. RELIEF PRAYED FOR Therefore, Defendant alleges that Plaintiff's actions in this matter represent a blatant disregard for Defendant's rights under law and are contrary to public policy, and such reckless and prejudicial behaviour is of such a magnitude Defendant prays that the Court award a Judgement against Plaintiff and for Defendant in the amount of $XXXXX plus punitive damages in the amount of $ZZZZ plus interest at the maximum rate permitted by law from date of Judgement until fully paid. Try something like THIS on for size.
Re: Re: Re: Summoned to court...Upd Make sure that your costs include the $102 court fee, the $20 research fee to the credit union, any postage, phone calls, and mileage for things like trip to courthouse or credit union at the going IRS rate. I haven't looked up this year's rate yet, but you can find it on the IRS web site, I'm sure.
