So I was suppose to be served today. Guy said he'd be there in 30 minutes and an hour or so later still a no show. Had an appt. Hope he will show back up tomorrow. Anyways, this debt went into default in 2001 from the OC from what I am understanding and this other company purchased it (he used those exact words) and now I am being served..WTF?? Nothing on my credit report, nothing in the email and the worse part, he was going to bring it to me at work...HOW in the hell does one get that info?? All it says on my cr is I am in the armed forces!!! So what is a person to do?? The SOL has passed. The guy on the phone said it was past the point to send notices in the mail??? Can they really sue without giving me fair warning or trying to get in contact with me?? Ugh so many questions, I'm sorry. Thanks for your help.
Sure, they can sue. This is America. You can respond with an affirmative defense of being past the SOL and move for a summary dismissal.
You need to go to the JAG office right away. They will tell you how to take care of it and help you with what you need to do. One of the good things about being in the military is that you have free legal advice at you disposal. Use it. It may well be a threat. In fact, if he is threatening an action that he can't legally take, that is a violation. They're trying to scare you into paying something that you don't need to. You need to be proactive here in case he goes to your commander. That's why you need to talk to JAG.
First things first: DOCUMENT THE CONVERSATION NOW WHILE IT IS FRESH IN YOUR MIND! PUT DOWN THE DATE & TIME OF CONVERSATION AND ALL DETAILS YOU CAN RECALL. This is going to be a legal battle, so start building the war chest and battle plan. As Hedwig recommended, visit your JAG office for counsel, use all the resources you have. Next, any idea what this is for? If it is a student loan there could be issues, in that they can jump to judgement. But, let's get some more facts first.
So the guy never showed up and that seems real fishy and the cell phone he called me from, checked out the area code and its from the other side of the country. It's for credit card.
They often make threats to get you to pay. Go to JAG anyway, they'll help you write a letter to take care of this. They did it for my husband, and he is retired.
I will go talk to JAG when I go back to work next week but in the meantime since the guy never showed up should I be worried?? I don't want a judgement against me. The company he told me to call did pull my credit report earlier this month. Are they allowed to pull a current one if they purchase the debt from someone else?
Thanks for the help everyone. Do I need to worry about this guy who called me at work and was dropping off court "documents" and he never showed up??
You need to "document" this guy's actions, again for your "war chest". I wouldn't worry until you hear from him again. Then start asking all the questions...
Something else to keep in mind - it is illegal in any instance (not just debt collection) to threaten to take legal action then not actually follow through. That is a common scare tactic that sleazy CA's will use and although it's risky (because it's completely illegal and they know it) I'm sure it does get them plenty of results from less informed individuals. SOL is past so you have nothing to worry about. If they do actually serve you as someone else mentioned you do need to reply with the defense that the debt if out of the SOL. If you don't a judgment could well be passed against you. If it's out of the SOL you have absolutely nothing to worry about. I would say, depending on how far you decide you would like to go with this, that they are the ones that have something to worry about. A complaint against them to the FTC, or from the JAG office for threatening legal action when no legal action was ever intended to be taken is not taken lightly by the courts. Judges hate to see the legal system being manipulated by scum bags who try to use it to scare the uninformed.
