a charge by a merchant was disputed in writing with the credit card co. (ccc) I had also some older charges with the same merchant (we were buying service contracts for 1 year) These old bills were all paid.Whileacknowledging my letters, ccc continued billing me. I asked ccc to close the a/c. I paid all legitimate bills on time (had no other balance). ccc continued billing me, charged late fees and penalties and ran up a disputed $100 or so to $500. i wrote letters to the president of ccc to no avail. they charged it off and then sold the debt to collection co. (CC). & spoiled my credit. The merchant meanwhile discontinued service on the ones that he was paid - he was having financial difficulties. under the special rule that goes something like "if the charge is within 50 miles of billing address, if the service/goods a merchant delivers that are not satisfactory in 1 year you may not have to pay the bill if you inform in writing" I wrote to CCC stating this special rule and demanded that they pay me back for services not rendered by merchant. a few months later the merchant filed for bankruptcy. several CC's have called and my usual response is that the debt is disputed and there is monies owed by ccc. this latest cc has taken me to court and gotten a default judgment. i did not even get the complaint. He is asking for garnishment of wages. i have objected to that and now i am supposed to file papers to vacate the default judgment. how do i defend myself? can i go after ccc and cc for monies under special rule above. does the above special rule apply in my case? PLEASE HELP! THX.
You'd better talk to a lawyer about it. But a local lawyer would probably want a lot of money, much more than the judgment itself. For real cheap legal advice I would suggest: http://www.prepaidlegal.com
If you were never served, you can petition the court to have the judgment vacated. If your clerk of court will help, you may be able to do it yourself. An attorney (I'm in VA) runs about $150-$200 per hour. This should take 3 or 4 hours. Prepaid legal will not cover this except to give you a discount on the lawyers services. Prepaid legal only covers you in traffice court or your defense if you are sue (this would be pre existing, not covered) or if you are charged with a crime arising in the course of your employment, I have Prepaid legal, I love it, I sell it, but it won't handle this for you except to get you a 15% discount. They would tell you how to go about this, but I would onyl pay the membership fees and premiums if you really wanted the membership anyway. Not just for one instance. breeze
While agile IS giving you good advice, I feel a need to emphasize it a bit. You need a lawyer. You are not likely to find the level of legal advice you apparently need on this forum. That's not to say it's not possible because it might be. I can tell you about another forum where you might be able to post your problem to the forum and you might get an answer. It is an open legal forum where many practicing paralegals, attorneys and law students congregate to give help of the nature you are looking for Just like here, you post your problem and see who answers you. But you have an entirely differnet type of people who might answer you. Professional people. You do get a few who are not, but not all that many. E-mail me and I will gladly give you the link. And for the benefit of any "naysayers" around these parts, no, I won't be trying to sell you anything or trying to charge you for the info. Just glad to help if I can.
I think they would be able to give him some advice on the situation, he can't spend $500 for a lawyer on a $500 debt. This is what prepaid legal offers to New York residents: Comprehensive Legal Service Plan Group Monthly Rate $24.00 Preventive Legal Services Unlimited Phone Consultations... When you enroll, you have unlimited toll-free access to your Provider Lawyer Firm for personal or business legal matters. Just call your Provider's toll-free number if you have a legal problem or question. Phone Calls and Letters... A phone call or letter from your Provider Lawyer can get you the results you want fast. Your Provider Lawyer will recommend this legal step for you when applicable to your particular situation. Three preventive letters, telephone calls or detailed instructions per membership year will be provided for you. No more than one preventive letter or telephone call may be related to the same legal subject matter, per membership year. Additional phone calls and letters for the same subject will be provided at a 25% discount. You're also entitled to two business letters or phone calls each year! Contract and Document Review... You can have an unlimited number of legal documents up to ten pages each reviewed by your Provider Lawyer. The document must name you as a contracting party. Your Provider Lawyer will analyze the documents and suggest changes for your benefit before you sign. Wills for You and Your Family... A will for you and any of your covered family members at no additional charge -- not just a "simple" Will, but a standard Will that meets most Americans' needs. Trust preparation is available at a 25% discount off your Provider Lawyer's standard hourly rate. Review of Leases and Other Documents... Landlord/tenant disputes are commonplace today, and a properly worded and executed lease is your best protection. Let your Provider Lawyer review the lease on your primary residence before you sign it. 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Debt collection letters will be prepared for you at no charge. Personal Financial Alternatives Review... Your lawyer will provide the following benefits on an "unlimited" basis prior to the filing of a court action. Coverage includes: Personal/joint bankruptcy Out-of-court arrangements Out-of-court settlements Tenant Review and Advice... If you are a tenant, you will receive the following legal advice with your membership: Lease of property for personal use. Problems arising with landlord's failure to provide proper and necessary services to the tenant. Small Claims Court Advice... You may need to file a claim in small claims court or you may be sued in small claims court. While your Provider Lawyer cannot represent you in small claims court, he or she will be available to discuss your care with you over the phone and counsel you on how to prepare your case. Consumer Protection Benefits... Your Provider Lawyer will write preventive letters and make phone calls on your behalf to a third party when you need to enforce written or implied warranties or promises related to the lease or purchase of goods or services. Legal Advice in Matters Relating to Social Security, Medicare and Veteran's Benefits... Your Provider Lawyer will advise you in matters involving Social Security, Medicare, and Veteran's Benefits. Now you have an lawyer on your side when problems or questions arise with these benefits. Legal Advice on Settlement of an Estate... Help ease the worry so often involved with the settlement of an estate by having your Provider Lawyer available to answer questions. Motor Vehicle Legal Expenses Services These services are available to you just 15 days after you enroll! Minor Legal Expenses... Your Provider Lawyer will represent you or your covered family members against moving traffic violations. A $25 minimum fee is required for each occurrence. Major Legal Expenses... Your Provider Lawyer will defend you or your covered family members when you are charged with manslaughter, involuntary manslaughter, negligent homicide, or vehicular homicide. You'll receive representation under this benefit for $49 per hour for covered suits. Driver's License Recovery... Your Provider Lawyer will assist you and your covered family members with driver's license reinstatement at a rate of $50 per case. Personal Injury and Property Damage Claims... You'll also receive assistance with collection of personal injury or property damage claims of $2,000 or less resulting from driving, riding in or being struck by any motor vehicle or boat, at a rate of $50 per case. Representation under this benefit is provided as a result of the operation of a properly licensed motor vehicle. Any fines and court costs are the member's expense. Pre-existing conditions, charges of DUI/DWI related matters, drug related matters, hit and run related charges and unmeritorious cases are excluded. Commercial vehicles with more than two axles are not covered. However, you may receive a 25% discount and consult with your Provider Lawyer under the unlimited toll-free consultation benefit for any exclusions. Trial Defense Services You and your spouse will be represented by your Provider Lawyer if either of you is named defendant or respondent in a covered civil or job-related criminal action filed in court. You'll receive representation under this benefit for $49 per hour for covered suits. IRS Audit Services Pre-Paid Legal Services takes the bite out of an IRS audit! When you are notified in writing of an IRS audit or are requested to appear at the IRS about your tax return, you'll receive representation under this benefit for $49 per hour for covered suits. Your 50 hours break down to: 1 hour for consultation, advice and assistance when notified of an audit. 2.5 hours if a settlement is not reached in 30 days. Available for representation, negotiations, conferences, telephone conversations, and settlement conferences prior to litigation. 46.5 hours if a settlement is not reached without litigation and the IRS sues you, or you pay the disputed tax and sue the IRS. Contingency Fee Services (Personal injury claim review and evaluation/recommendations) If your Provider Lawyer agrees you have a case worthy of pursuing, he or she will be paid only a percentage of what you ultimately collect. We often hear of people who win a lawsuit but walk away with virtually nothing because the award is eaten up by lawyer fees. This scenario will not happen to you as a Pre-Paid Legal member. Your Provider Lawyer fees will not exceed 25% in a personal injury case. Other Legal Services Your Provider Lawyer will render assistance at a 25% reduction to his standard hourly rate* for you or any covered dependent should you need legal services not covered by this plan. Please note that a retainer may be required for services to be rendered under this benefit. At least five business days are required for preparation in court representation. *Hourly rates for Provider Lawyers and court appearances may vary. The information contained in this material is for illustrative purposes only and is not a contract. It is intended to provide a general overview of the coverage you have selected. Please remember that only the plan contract can give actual terms, coverage, amounts, conditions and exclusions.
Pre-paid legal is fine. I was in one of those plans years and years ago. I never had any reason to use any of the services that the plan I was on would do me any good for. I think it was one sold by Montgomery Wards if I remember correctly. Of course, the internet forums I am talking about aren't going to charge him anything unless he actually contracts with one of the professional attorneys he happens to contact for his professional services. Of course, if he does that, he is going to have to pay for the professionla services he gets just like any off-line services would charge him for. What he gets on-line is free, of course.
aigle: thx for the response. i tried to join but they need a number which i dont have. i went thru the process and was told a salesperson will call me and so far no one has called me. what do i do? thx al
