Need Advise frm Mindcrime/ experts

First, how much was the debt originally? How much do you think you still owe?

Second, see what the statute of limitations is in your state for the debt.

http://creditinfocenter.com/rebuild/statuteLimitations.shtml

http://www.cardreport.com/laws/statute-of-limitations.html

Check with the court to see if a judgment exists.

I would bargain with the colection agency and offer 60 to 80 cents on the dollar to have the debt paid and have the account de-rated (listed with no adverse information).

Some of the basic rules of dealing with debt collectors is never ever, give them you checking account transit numbers or send them a personal check. Use a money order. Never ever send them a dime unless you work out a contract with them. See below:
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Re: Account Number


Dear Sirs:


This letter is an offer to amicably settle the above account. It is not to be construed as an acknowledgment of my liability for this debt in any form.


I will pay your company the amount of $____ as full settlement of this account.


If you accept this agreement, I will send you a money order or certified cashiers check for the settlement amount of $______ in exchange for a full deletion of all references regarding this account from my credit profile and full satisfaction of the debt. This agreement is binding and will be void should you not hold up to your end of the agreement. Furthermore the debt will be deleted from my credit profile at all three credit bureaus or the bureaus your company regularly reports to in the course of doing business.


If you agree to the above, please acknowledge with your signature and return a copy to me. Upon receipt of this signed acknowledgment, I will promptly send you a money order or cashiers check in the amount stated above.


Notice: This agreement is restricted. This is not a renewed promise to pay but rather a restricted settlement offer only. By not signing below, you agree that the debt has not been renewed nor has any concrete written agreements been exchanged.


Creditorâ??s Authorized Signature: _____________________________ Date:____________


Name Title :
Sincerely,



Do not sign or date letter (This is necessary to avoid renewing the debt, should the creditor refuse to agree.)
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Good luck.

 

Contact the court and find out how they served you on the original suit. Sounds like the judgement may be able to be vacated since you never even got notice of the court date.

Are they collecting on the judgement or the debt...validation at this point is confusing me too...I think as Erik says they may be lying to you to get you to pay. The information they provided you is not proper validation, but you say you have a judgement so I don't think they need proof except that they are collecting for the court???

I think you need to investigate what you were paying for, to whom and why. Then you need to contact the court to see what (if any) judgement is on your records and get information about that judgement.

-Peace, Dave

 

akm,

I'm sorry, but I wouldn't be the person to ask about judgements. I would suggest you follow Naves and Eriks comments, it sounds like they know what they're talking about.

 

Now exactly how old is the debt and what state do you live in?

$300 vs. $3,374.59, is a big difference. If its off your credit reports it may be beyond the statute of limitations. It sounds like the law firm never got a judgment.

I would consider sending them a drop dead letter. (letter to creditor telling them to never contact you again) and see what happens.
----------------------------------------------------------------------------

This is a request to cease & desist general communication with a collection agency. Send as certified mail, return receipt requested.

«Your Name»
«Address1»
«Address2»
«City», «State» «Zip»

«Company»
«Address1»
«Address2»
«City», «State» «Zip»

«Date»

RE: Account #_________/Original Creditorâ??s Name

Dear Sir/Madame:

This will serve as your legal notice under federal law, "The Fair Debt Collection Practices Act," to cease all communication with me in reference to the above account. If you fail to heed this notice, I will file a formal complaint against you with the Federal Trade Commission responsible for enforcement, the state Attorney Generalâ??s Office, as well as the American Collectorâ??s Association which monitors for noncompliance.

I choose not to work with collection agencies under any circumstances, and will contact the original creditor to resolve this matter directly with them. Should any adverse items be placed on my credit report as a result of this notice I will be forced to seek legal action against you and your client.

Sincerely,

«Signature»
«Your Name»
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Congratulations. The statute of limitations in Minnesota is 6 years. If you do nothing it should go away. It may be the debt got sold and collection agency is going after accounts that are about to become un-collectable.

http://www.cardreport.com/laws/statute-of-limitations.html

 

Well it sound like the item is off your credit report and us un-collectable because it is beyond the statute of limitations. I would just do nothing. Beyond the statute of limitations means the debt is un-collectable. If you get any more letters keep them in a file. If they call you hang up.