Can I take legal action?

Discussion in 'Credit Talk' started by garnuth, Apr 8, 2002.

  1. garnuth

    garnuth Member

    This is kind of long but very interesting. My wife got a business credit card sometime ago and could not pay on it for health issues. We tried to negotiate, but 30% interest was way too high and they were never interested in what we could afford to pay at the time. The amount is 4000. Anyway, We have a small hobby computer business that is out of our home and she handles that. The business credit card is from this business. It is in her name, Social and all that good stuff

    Recently the credit agencies have been hounding her about the debt. We have a business telephone and a personal phone. About a month ago a guy from the CA called both lines and left different messages on the machines that she was liable and also the company. Now somewhere along the line he thought she was no longer with our "company." So then he left a couple of messages on the personal phone saying that our "company" was going to press charges and file a fraud case against her. I could not believe this! He finally left a message on the personal phone saying that he was making his recommendation to proceed with the personal liability case against her. So we figured a judgement was coming. WRONG. A week ago a woman from the same CA started calling and leaving the same sort of messages. She left her final message today saying she was contacting the attorney so they can sue her and our "company."

    What Should I do with this. I don't know wether to laugh or cry. Should I wait for Judgement? File BK? or have they broken laws for which I can take some action against them. I saved all the messages on my answering machines.

    Thanks
     
  2. LKH

    LKH Well-Known Member

    For starters, they don't just get a judgment. It is a process they have to go through. They first must file a lawsuit and have you served.

    As for now, I would immediately send them a validation letter to make them prove it is yours etc. Do a search at the bottom of this page for validation letters. Also, go to the letter section of this website http://consumers.creditnet.com/straighttalk/board/forumdisplay.php?s=&forumid=25
    You will find the validation letter there. Send it certified mail, return receipt to the collection agency.
     

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