I was just served with papers for small claims... its from a credit card that I had probably 6 or 7 years ago and never paid. I have been working at fixing my credit for some time now, and had no idea that this debt was out there... Anyway... I called and spoke with a very nice man (ha) who basically said if I did not pay the debt before december 5 they would proceed with the court hearing, they would win, and I would have a judgement against me. I offered to make payments, and offered to pay a substantial amount of the debt up front... he said that was no guarantee we would not go to court, so I said I would not pay. He then offered a settlement of $1800, and promised we would not go to court if I paid $900 by the end of this month and then $900 by the end of next month. He then asked for my debit card number, and when I refused he said the only payment his client would take would be in the form of a debit card number or from Western Union (and added that Western Union would cost me money and be a huge pain, so how 'bout I just cough up my debit card number???) At this point I became very uncomfortable, and told him I could not pay anything until I spoke to my husband. I told him I would call him back tomorrow. Bottom line: I want to settle this debt. I know I owe it, and really don't have an issue with paying it. I do not have the amount of money he is demanding... I certainly have enough money to pay several hundred dollars a month, but not the amount he is asking for. My husband said to call this "gentleman" back, tell him what we can afford to do, and if he refuses, let them sue me. I feel there must be some other way... help???? Any advice would be greatly appreciated thanks
Before you act on anything, you need to get it all in writing. The first thing you might want to check is the statute of limitations. Find out if this debt is even collectable. I'd send out a demand for validation. Make them prove not only that the account is yours but that you signed for the charges adding up to the delinquent amount (plus interest and fees). I believe that they may also have violated the law if they did not send you notification of your FDCPA rights, including your right to dispute the debt, prior to hauling you into court? Someone else may be able to chime in here and clarify this. And, of course, with legal action being a possible factor, you'd be recommended to speak with an attorney.
OK... first... thanks for the response. Seriously. I hope I don't sound like an idiot, but how do I check the statute of limitations? And since my court date is in two weeks, what is to stop my new friends (the ones trying to collect the debt) from dragging their feet on providing debt validation? I suppose I am going to have to talk to an attorney. How does one go about finding one of those???? Argh. Happy Thanksgiving. Thanks again!
Re: Re: just got served... what to do???? There are various resources online. I saw some on this site but they point to links which seem to no longer be active. If you Google it you should be able to find something. Just because the court date happens, doesn't mean a judgment gets entered on that day. If you tell the judge that you dispute the matter, he should grant more time.
Re: Re: just got served... what to do???? Below I have typed the link to an old post where they list the online resources for checking the sol. One of the sites I saw listed was www.lawdog.com. Hope this link works. http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&threadid=26763
