Forwarning!! I really, really tried to keep this short, but it got kinda long. Please bear with me... Ok, I think I've related some of this issue before, but just in case, last June DH and I were served with a lawsuit from a debt buyer who had bought an old delinquent car note (third hand) that the last we made a payment on was in October of '98. I know this because it was part of DH's bk that was dismissed in Nov. of '98 for non-payment. Anyway, turns out that the OC didn't follow the exactly laws concerning repossession of a vehicle and essentially gave away an $8000.00 car to a mechanic for the price of his lien (approx. $1800.00) because they didn't feel like sending someone to come and get it. Now we'd never heard of this company or the previous company reporting this debt until finding it's name on the DH's CR's after being turned down for a new home construction loan. Long story short, the debt is past Sol for collections and really close to SOL for reporting, yet they are sueing both of us (we co-signed) for a little almost $8000. We've hired an attorney (who we're looking to replace) to deal with all of that, but now here's something odd that has just developed. I got a First Premier Gold Card a couple of months ago, and I just notice on the bill recieved yesterday, offers a EX credit report monitoring service. It's free for the first 30 days so I figured what the heck... I see that since the last round of disputes ending just prior to Chod, a new TL in the amount of $7500.00, although I can see nowhere who is listing this TL, just that it is current and Delinq. This report also does not show when the TL was opened, but I suspect it is this same company who has had us served because of a conversation last week with our lazy lawyer (who has gone on vacation) concerning some paperwork he just got giving notice that they are going to sue me for something like $8000. I think this is nuts because I'm already named on a suit in connection with this SOL debt. And if it turns out to be this company IS suddenly reporting on MY CR's what can I do. We filed answers and interrogotories to their suit months ago stating that we have never signed a contract with this company, they have not proven that they have the right to collect the debt and ultimately, the SOL for collections has long expired, so I'd think that would indicate that both my husband and I dispute the validity ot the debt. Butch or jlynn or anyone elses opinions would be appreciated.
Thought I should add that while I was reviewing the actual lawsuit doc.s yesterday, they state that the are sueing us "for $6061.62, (which is approximately the final balance we owed the OC.), plus interest accrued in the amount of $1,568.39, for a total due of $7,830.01." Now there might be something wrong with my calculator, but I've readded 3 times and keep coming up with $7,630.01. It took me long enough to notice it (DUH!), but is it allowable to fudge on the total amount due?
Nope, after it says "total amount due of $7,830.01." it says "In addition, plaintiff seeks costs, pre-judgment interest, etc, etc..." Still, if this same company is suddenly listing a neg TL months after we answered with the answers stated in my previous post, isn't that a no-no? Especially since they've never sent me a dun letter (DH never got one either, for that matter!). They do have my current address as proved by the fact that they mailed me my copy of the lawsuit (DH was served by the county sheriff).
Hi Jo, First thing we need to figure out is if it's Post SOL. Keep in mind that SOL'S STOP the moment a suit is filed. Many CA's will wait till the last minute and go file, just to preserve their right to sue. Was the case filed BEFORE or AFTER the date upon which the SOL expired? Second, No - they cannot fudge the amount. We can figure out the "Internal Interest Rate" if you can answer 4 questions with PRECISION. 1&2) What was the date and the exact balance when the interest began to accure? 3&4) What is the date and balance as of the date they calculated the $1500+ interst? Probably the date the suit was filed. Moreover, if you're dealing with a CA on this there have been numerous violations in the proper notification of your dispute rights area, etc.. ??
