disputed charge-now in court-help!

Discussion in 'Credit Talk' started by payontime, Jul 29, 2001.

  1. payontime

    payontime Member

    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?
  2. aigle

    aigle Well-Known Member

    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:

  3. breeze

    breeze Well-Known Member

    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.

  4. bbauer

    bbauer Banned

    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.
  5. aigle

    aigle Well-Known Member

    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.

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  6. bbauer

    bbauer Banned

    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.
  7. payontime

    payontime Member

    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?
  8. payontime

    payontime Member

    thx bill bauer. I do appreciate ur responses.
    i hv sent u e-m at ur address.
    talk to u soon
  9. payontime

    payontime Member

    thx for ur response. I do appreciate it.

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