Opie, the first thing to do is to get the file from the courthouse. See what they show regarding service of process. I will check and see what the requirements are in Indiana - it is different in every state. If there is no file at the courthouse, and there is no judgment, let me know and I will tell you what to do to deal with these guys. I'm not sure we are using the term SOL the same way. SOL refers to the length of time the debt can legally be collected by taking you to court and getting a judgment against you. If they really did serve you properly, they already did that. Once that has been done in the state of Indiana, they have 20 years to carry it out. So from now until 2015, they can take any money they can find, including garnish your pay. They have to find out where you work, bank, etc but they can call you in and make you tell them. If it isn't on your credit reports, then the "SOL" (wrong term really) for that is not an issue with this situation, unless it somehow gets reported to the CRA;s. If this is a valid judgment they can continue to report it until 2015. If you pay it, they can report it for 7 years from the date you paid it. But let's deal with the fact that they just MAY go after your money. There is a lot of extraneous stuff going on in this thread. The real issue is, is the judgment valid? That depends on whether or not it really exists at all, and if it does, did they really serve you? If they didn't serve you, there is just a form a lawyer fills out and sends to the court. No it won't be more expensive than paying them. You can take the file to a lawyer, and he can file the paperwork. If they did serve you, then it will be time to negoitate with them. But find out if it is a valid judgment first. It doesn't matter whether it is your debt at this point, if there is a judgment, you have to deal with the judgment. I don't understand the discussion of whether it is your debt. It doesn't matter at this point at all, The length of time for credit reporting really doesn't matter. They all might in the future, but now now.
went to the court house today, they had info on this it said i was served and the summons was returned signed. but i had to order the file, it will be ready tomorrow. thanks breeze for helping
Breeze is correct when he says there are multiple issues here. Since you said you received a copy of your papers signed off (I'm assuming by you), then the serivce of the papers looks proper. If the service of the papers was proper, then the next issue is the judgement. I'm asusming there are no holes there either. So essentially, it is the view of the courts you owe the money ($1900). What happens next.... since you said the collection of the debt hasn't shown up on your credit file, they haven't taken the time to do it or perhaps don't have an account with the CRAs. Lets be conservative and assume they just haven't gotten around to reporting it to the CRAs. Since legally they are entitled to the full amount of the judgement (they don't have to negotiate) they can do what Breeze noted... garnish wages, etc. But that takes time and money. It might be in their best interest to take a lesser amount now than take the full amount over time. If I was in your position, I'd call them and see if they are open to taking a percentage of the judgement. If so, then get an attorney to write it up for you so they don't come back for more later. If they won't take less than the full amount, you can make it more difficult on them by delaying your payment and making them get it from you through garnishment, etc., but I would bet if they did that they'd also report it to the CRAs. Its not on your credit file now, the court says you owe them the money. Time to make the best of a bad situation and do what you can to prevent it from hitting your credit file. Gary aka Wichita
After almost 200 posts we discover that Opie DID in fact sign for the Judgement? Am I to assume then that a) a Sherrif shows up at his door with a Summons and; b) he signs for the documents; but suddenly, upon joining CN, now can't remember a thing about it? This is precisely consistant with an individual who is not only attempting to fake his way through the system, but also fake his way through CreditNet. Now you can see why I have stayed completely out of this conversation. Call them and tell them you'll send them a check.
We do not yet know if opie was properly served. He is waiting for the file. He may not have been the one to sign it, we don't know yet. Y'all are jumping the gun and clouding the issue. Wait til he gets the file. Indiana and every state has rules that must be followed when serving someone. If those rules were not followed, then it is a whole different ballgame. Witchita, I think you mean well, and what you said is true, IF everything else is proper (quote often it is not). Best to wait and see.
Huh? ummmmm Butch is that you? I believe him. If you owe 30 bills and get served on some of them and can't deal with what is going on, you might not remember which one was which. I believe it.
Since you said you received a copy of your papers signed off (I'm assuming by you), then the service of the papers looks proper. If the service of the papers was proper, then the next issue is the judgment. I'm assuming there are no holes there either. GaryL =================== One lesson I've learned is never assume anything.It will get you in trouble almost every time. Signatures and other documents are forged all the time. I had a phone company use forged checks against me to justify charging me 75 dollars in returned check fees. Another time I paid the gas company a 50 buck deposit to hook up my gas. When it came time for them to refund the deposit they wrote me out a check for $50.oo. I never did get the check because they never sent it out. When I went down to their office to complain about not getting the deposit back they showed me the canceled check they had written out to me. When I looked at the endorsement on the back of the check it had my name on it sure enough only problem was the hand writing was nothing similar to mine. The gas co wrote the check to me then forged my name on the back and deposited the check back into their checking account. Needless to say I never did get my $50.oo back. If my laical gas company would pull a stunt like this I sure as H*** am not going to assume anything that evolves a CA LB ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ After almost 200 posts we discover that Opie DID in fact sign for the Judgment? Am I to assume then that a) a Sherrif shows up at his door with a Summons and; b) he signs for the documents; but suddenly, upon joining CN, now can't remember a thing about it? Butch =================== Hay Butch, not so fast please - see my post herein about assuming, forgery, The phone co. & the GAS CO. LB ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ We do not yet know if opie was properly served. He is waiting for the file. He may not have been the one to sign it, we don't know yet. Y'all are jumping the gun and clouding the issue. Wait until he gets the file. breeze ============== Assuming and jumping the gun. Two things that will get you in trouble real quick LB ***********************************
ok the file on the judgment was pretty large, i was summoned numerous times. the last time was march of 2002. i never signed anything, i found one certified letter that was signed by my brother. one was signed by a former employer. my brother and i in the past hadnt stayed in contact so its possible he didnt get the summons to me. the clerk says that i didnt have to be personally summoned by a officer. only that he leaves the summons at the door of the address listed. she also said that a summons that is sent through the mail and doesnt return, means that i was served. regardless if its the correct address or not. then she informed me that i was suppose to inform the court when i moved lol, i said why in the hell would i inform the court about something i know nothing about. after my divorce i moved around alot, but since then i lived in the same house for about 5 years, the goverment took my house for expansion. i currently been in my house for a year now. but hey i was forced by the courts to move. both houses were not in my name though. ok one last thing i have the original contract, it was a loan for 750$. 38% interest ended up being 950$ total. and yes out of 5 summons its quite possible i received it, but like i said i never signed anything letting them know i was served. im sorry if some people are offended by me and the 200 posts. but entertaining to say the least. im going to call the place and offer the 750$, i still dont want to pay the 1900$. i almost feel like the lawyers didnt really even want to get ahold of me. keep racking up lawyers fees and stick me with the bill. i mean my name and address are in the phone book, or freaking call information.
