Re: Need Urgent Help - Surprise Law Amen sister. I hear ya, and feel your pain. My wife is a stay at home mom. WE decided that it was in our children's best interest that ONE of us stay at home with the kids. It's paying off. To hell with what others say about our decisions to raise our children the way WE want to, and see fit. Don't budge, and don't take any crap off of anyone who challenges your beliefs. Now, with that out of the way, some advice. Once you find out when the court date is, FILE AN ANSWER. It doesn't have to be extravagant, but you do need to file an answer to the charges in the lawsuit. If you don't then you can count your mom in on the fun when the default judgement (which comes as a result of ignoring the suit) is trying to be executed. YOU DON'T WANT THIS TO HAPPEN. If you are concerned about timing, see if you can file a continuance, but you don't need to ignore this. It won't go away. Move fast, young grasshopper. Time is of the essence!
Re: Need Urgent Help - Surprise Law Javadiva - you'll soon learn that there are a few sanctimonious ***holes who lurk around these boards trying to rile up people who need help. Just ignore them. If you stopped making payments in 1999 I'm betting your SOL has almost run out (5 years) - that can often trigger a lawsuit. Can you look at your reports for us and tell us what they say under date of last activity? that is a KEY point right now. Why Chat and the other gurus can tell you more about what this means for your mom, and whether you can stall your way past the SOL deadline in court and if that would make the issue go away.
Re: Need Urgent Help - Surprise Law Yeah, I usually don't respond to trolls but I was really upset that someone would troll these boards where people are honestly looking for help and advice. It's not like it is a political thread. It is people helping people and that comment was entirely out of line. I think it is really pathetic that a random stranger has nothing better to do than to send their energy typing judgements on other strangers when they know nothing about the circumstances that brought them here.
Re: Need Urgent Help - Surprise Law Okay, crap. I got off the phone with the courthouse and the suit was filed June 21. It has just been 30 days and the filer wasn't W&A it is "Asset Acceptance". I am calling the attorney that filed it now.
Re: Need Urgent Help - Surprise Law Well, I spoke to the attorney's office that filed it and they were total jerks. They told me I owe it, gave me an address that I've never heard of that the paperwork is going to and after but griping on my part have agreed to send me a copy of the file so I can see what is going on. Asset Acceptance is listed on my credit report twice (one under Experian and one under Equifax with different amounts and different account numbers. They show they date that AA bought the claim I think, because it says May 2003. --------------------------------------------------- WELLS FAR-XXXXXXXX Acct Type: Open Account Acct Status: Open Monthly Payment: $0 Date Open: N/A Balance: $19,879 Terms: N/A High Balance: $19,644 Limit: N/A Past Due: $19,879 Remarks: CUSTOMER UNABLE TO LOCATE CONSUMER Payment Status: N/A _______________________________________________ XXXXXXXX Acct Type: Unknown - Credit Extension, Review, Or Collection Acct Status: Open Monthly Payment: $0 Date Open: May, 2003 Balance: $20,078 Terms: 1 Month High Balance: N/A Limit: N/A Past Due: $20,078 Remarks: N/A Payment Status: Credit grantor cannot locate consumer ------------------------------------------------------------ It is listed under WellsFargo on my report also. Under both Equifax and Experian. (Is it legal to have the same account listed more than once?) ------------------------------------------------------------ Account Number: 131XXXX / 131XXXX Acct Type: Installment / Education Loan Acct Status: Open / Closed Monthly Payment: $227 / $0 Date Open: May, 1998 / May, 1998 Balance: $19,644 / $25,218 Terms: N/A / Unknown High Balance: $19,983 / N/A Limit: N/A / N/A Past Due: $226 / $0 Remarks: STUDENT LOAN / COLLECTION ACCOUNT Transferred to another lender or claim purchased Payment Status: At least 120 days or more than four payments past due / Charge-off (slashes breakup the two listings on the two reports.) ------------------------------------------------------------- I believe May 1998 would have been the date the loan was sold to Wells. I remember switching the people I had to send the check to and after it switched to Wells is when the minimum amount due skipped up every month till we couldn't pay it any more.
Re: Need Urgent Help - Surprise Law Also, I told the law office I needed proof of this and they said they will request it from the lender and it will take 4-6 weeks to get anything back. I asked her if a default ruling can be made against me in this time and she said "probably not". She said if a court date is set they will send a copy of the summons to that address I've never heard of. I told her I don't live there, never even heard of that city and she told me, "well whoever lives there can return it to the postman". WTF?
Re: Re: Re: Need Urgent Help - Surprise Lawsuit That's great; but I wasn't being an arrogant snob. I simply shared what I would do in her situation. Since she didn't share anything further about her situation, the best I could do was suggest. Sorry if my bluntness offended you.
Re: Need Urgent Help - Surprise Law I finally got a copy of the filing and the date on it says 6-21-04 and the affidavit says 5-14-04. The Plantiff is a compny called "Michigan Corp" who is suing for Asset Acceptance. For what I can put together, Asset Corp bought the loan from WellsFargo who bought the loan from the original debtor. They are also suing me for pre-judgement interest from the time it was filed and attorneys fees and case costs. They list a county in AR as my residence. Should I get an attorney in Arkansas or Texas for this?
Re: Need Urgent Help - Surprise Law You should get an attorney where in the state where the suit was filed. You need to stay off the phone with the collection agency. They will lie to you to make it easier to get a default judgment. This suit has been started, and you have to do something now, today, or they are going to get a default judgment against you since no one answered the suit.
Re: Re: Need Urgent Help - Surprise Law WRONG! If you don't appear they will win a default judgment against you!
Re: Re: Need Urgent Help - Surprise Law rule #1 - never talk on the phone to a CA!! secondly, if all else fails, can you get a part time job when your husband is home so you can earn some $$ so they don't go after your mom? or maybe do some babysitting. and i hope i don't sound like a total b*tch when i ask this - but why won't your husband help you pay off this debt?
Re: Re: Re: Re: Need Urgent Help - Surprise Lawsuit It didn't go over to good with me and I'm sure it didn't set well with javadiva. Guess it could be said that you weren't very tactful.LOL Any way apoligy accepted on my end.
Re: Re: Need Urgent Help - Surprise It's okay. My husband was diagnosed with a mental illness about the time I was put on bedrest. In fact, I was put on bed rest due to stress from living in a really bad situation at home. I had a threatened misscarriage and would start hemmoraging every time my husband became verbally abusive. He is stable most of the time now but he is not rational a lot. When I worked outside the home for a few months, I worked nights while he was home. He flipped out within 3 weeks and "couldn't handle being with the baby alone". My life is hell a lot of the time. I filed for divorce but got really harassed by him and his family for leaving him because "he is sick". I felt guilty and gave him another chance and now I have no income, no ability to make any, and I am just basically trapped. I just want to do what I can to get this resolved. I'm in a situation where I couldn't even get an apartment with my credit the way it is now. When I got married, I had pristine credit. I even had an AMX and Diner's Club! Oh how your life can take a nosedive just from marrying the wrong person. He didn't come with a warning label that said, "this guy will be institutionalized in 18 months". I don't think bad of you for asking. There's your FYI.
Re: Re: Need Urgent Help - Surprise BTW - the babysitting isn't a bad idea. I am stuck home all day anyway. Thanks for the advice.
Re: Re: Need Urgent Help - Surprise all of your husband's family who got on your case, are they willing to help you now ? or are they just do gooders that are all talk and no action ! it seems to me that you have more *life* problems than anything else and i think the best approach is to file bankruptcy and do credit repair at your own pace and sort out your family situation. the bk attorney's initial consultation is free and maybe he/she can point you to some kind of legal aid. good luck.
Re: Re: Need Urgent Help - Surprise You need to listen to Hedwig. A proper answer to the lawsuit needs to be filed ASAP along with a continueance to give you more time to figure out how to deal with everything. Where was the agreement entered into? Asset can only file in the county where the agreement was entered into or the county you reside in. If its neither one, then you would file a motion to dismiss based on improper jurisdiction. You also need to try to get the suit moved to TX if possible. There is a diffrence between venue and jurisdiction. Asset will try to use an affidavit as evidence of the debt. Since the dollar amount is high, its probably in district court which would allow discovery. You need to work on your discovery which included interrogatories, depositions, and requests for documents and admissions. With the right paperwork being filed, you can keep them from admitting a lot of stuff into evidence, and possibly get the suit tossed on SOL. Worse comes to worse, your in TX and your wages cannot be garnished. Also TX has a total homestead exemption if you file BK if my memory serves me correctly. Last but not least, do your homework, get an attorney and then direct them on how to mount a defense.
