But those charges accrued after it was turned over to collections. I would like to see how a CA justifies charging the OTL (when they don't issue credit) and late fees. Might be worth challenging, winning on some points is better than rolling over and losing it all without a fight.
Yeah, it would be interesting to see how they justify that. Isn't there usually some statutory maximum for interest? He could cut the debt considerably just by insisting that they obey the law.
OP, just to verify, did you not say that this was a personal loan from a bank? Was it a state chartered bank or a national bank?
Have you gone to your local court house and looked up other possible Judgements coming your way? Default Judgements are issued and sometimes you dont rec notification. Can you request notification of appearances from the sueing atty? Otherwise how will you know when to appear? (fax ?or CMRRR) There is also "willfull neglect" if they dont sign for the cmrrr mail.
Perhaps I should have detailed a bit more; the total looks like it included the late/OTL fees for the six months. I'm betting the debt is now just running on a default interest rate, which can be done "legally". Yes, not right, but they can get away with it. Prudence dictates that an accounting of the total alleged owed should be requested by the OP.
What if they attempt to deliver the documents to opposing counsel and they are unsuccessful a second time? Then what happens?
I filed a Notice of Appearance with the Court and also sent a copy, along with a copy of my Answer, to opposing counsel. However, I checked the tracking number for the certified mail, and the mail carrier was unsuccessful in trying to deliver it to counsel on Monday, the 31st. They will try again to deliver it, but if they are unsuccessful again, it will be returned to me. That's where my concern lies -- yes, I did try to send a Notice of Appearance to be notified of further proceedings, but how can they notify me if they haven't received my notice?
Update Update: I just checked the USPS website again and my documents were delivered on the 31st. So, what happens once I've filed my Answer?
