In december 2003, i settled with a debt collector for an account from 1997. The terms was over $1300 more than the debt was initially. I agreed to pay over the course of three months starting in january 2004. after the first payment, they sent me a balance sheet for the original balance. they did not discount the settlement offer we made (i settle for almost $500 less than debt). well i sent a letter cert/ret receipt in february asking for the changes to be made so the payments would be okay. but they never responded. in march i sent another letter demanding verification of the debt. and they sent nothing. i requested they did not further any activities until they produce the information. well to date they did not send anything. well yesterday i received a notice of motion to enter judgement. what can i do? please advise. ps. this website is very helpful. i have it in my favorites.
I think you may have answered your own question If they broke the agreement, in this case more of a "bait and switch", then you really dont have much to worry about in court. MAKE SURE YOU GO HOWEVER Stop sending silly letters, just gather your paperwork and show up in court and be ready to tell the judge WHY you stopped making payments By the way, DOES THE COLLECTION AGENCY ACTUALLY OWN THE DEBT and are they ones suing you?
This sounds typical for a CA, buying up old debts and scaring you into paying. First, a debt from 1997 is VERY OLD. Depending on which state you're in, this debt might be beyond SOL. In that case, the CA has NO CASE against you (but as Hiding90 suggested, MAKE SURE YOU SHOW UP IN COURT!) Also, a debt from 1997 would be due to fall off your reports in a matter of months (if it shouldn't be off already!).
that is why i sent for verification. when i heard nothing back from them in regards to fixing the payment form. i requested they send verification. to be honest i am not sure if they actually have any proof to send me. this account was passed from 3-4 different debt collectors this past year or so. everytime i turn around i am given different information. but there is no question, i will be in court. but what will happen? after all is said and done, can i request to pay only what was owed for the debt ($1783). i sent the verification letter that asks whether they brought this debt and how much. if they do not supply this information how would this affect me? also, how can i stop the judgement before it hits my record? can i request a court date before it happens. please advise.
The fact that this debt has been through several CAs sheds interesting light. These guys are playing some real games with you! And it sounds like you have a little homework to do (as in validation vs. verification). I have never been faced with a judgment, so I will NOT comment on what to do there. But I know this much: the SOL (Statute of Limitations) is an AFFIRMATIVE DEFENSE in court. What state are you located in? You needn't answer that here, but you SHOULD check out WhyChat's site to find out the SOL in your state. If this debt is outside of the SOL, then YOU DON'T HAVE TO PAY. NADA! ZIP! AND YOU CANNOT BE SUED! EVER! So don't even THINK about offering ANYTHING to the CA! Of course, this all hinges on whether or not the debt is beyond SOL or not. Let us know and we'll go from there. Good luck!
No problem! Your "spirit" was in the right place. We just like to dot all the i's and cross all the t's here
Ummm, excuse me, but "silly letters" have yielded TREMENDOUS results for MANY, MANY people here on CreditNet. When all is said and done, hopefully you'll be asking the judge to dismiss any judgment this sleaze CA might be attempting against you!
ID LOVE TO SEE ONE OF THE LETTERS FROM ANY SITE THAT PREVENTED A JUDGMENT FROM BEING ENETERED OR CANCELLED A COURT DATE! IN THIS CASE, YES, THE LETTERS ARE SILLY!!
Hiding90, you come across as a know-it-all, a prima donna. Your posts are argumentative, and your attitude is condescending, to say the least. Maybe this is something you're not aware of? You remind me of Bill Bauer, who's been banned from this board. I'm just trying to help JASLKEN with his/her problem. You give advice to show up in court to explain why the payments to a lying sleaze CA haven't been made. I'm giving advice on the BIGGER picture, which is a debt that is more than likely BEYOND SOL. Your advice, here and on other threads, is often misleading and frankly, counterproductive. I know I'm not the only Cnetter who feels this way. Everything else aside, let's concentrate on the REAL issue and help out the original poster.
. If this debt is outside of the SOL, then 1*YOU DON'T HAVE TO PAY. NADA! ZIP! AND 2* *YOU CANNOT BE SUED! EVER! tr1252 =-=-=-=-=-=-=-=--= 1*&2* They still can sue even if it's past SOL and he will have to pay if they get a default judgment against him. ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <>
well it has been over a month and nothing from the debt collector. i sent an answer to the courts in regards to the judgment. i have not heard anything back yet. can i send anything to the collector about them not validating the debt? what is the process now? can you give me information about sending a letter to delete the debt because they have not honored our agreement or can i sue the pants off of them ?
Sounds like the CA was trying to bluff you, hoping you would not answer the summons. Has a court date been set? You need to know the status of their case against you!
i have not received anything from the court. how would i find out if the case will even get a date? what about the collector? how can i stop this before it even happens? will this go on my credit report before i go to court?
You should check witht he court clerk where the case was filed to find out the status... I'm not a lawyer, so you should check with one, but the fact that you attempted to settle this debt, and the fact that you even sent in a payment may work against you and actually toll the SOL in your state. So you might be liable for this debt even though it is several years old. The fact that the CA has not provided proper validation of this debt in over a month is good for you. When you check your CR's (you are going to check them regularly - right?) and see an entry from the CA you will have the CA on FDCPA violations for continued collection activity without providing proper validation. These are $1000 per violation should you sue them, and at the very least will give you "leverage" to negotiate down your debt if it is not SOL. Also, any negotiation / settlement witht he CA should include specific wording that will remove all of their TL's from your CR's -- not just updating the TL to closed - settled. You want them removed, and never placed on your CR's again I hope this helps to shape your strategy vs. the CA. You need to check with competent legal authority concerning the status of your debt re: SOL, and also for the status of the court case! good luck!
well the date is set for may 14th. i am not sure what to expect. i just want this out of the way. i am looking to buy a house in the next three months and this is really the only thing i have left. in your opinion do you think this will be thrown out??? i am praying it will be. but what will be the down side? any advise is truly appreciated.
