Never had an account with them. never heard of such charges .until they came to my door. and gave me some papers for court.Tried calling them but they don't want to talk to me.. They say it took them forever to find me..now they sug.I get a lawyer. We been in the same addrees for 10yr. Always try to pay cash..don't use credit cards..we own all our cars.. please we need advise..
2006-08-11 10:29:38 · 12 answers · asked by Angie29 3 in Business & Finance ➔ Credit
This happened to a friend of mine.
One day she got sued for about $7,000.00 by Sears, claiming she had defaulted on her payments.
She truly had never even been in a Sears store nor had ever ordered anything from them in her life. She had been at the same address for years and had never been sent a bill for anything either.
Calling the company or their lawyer is useless. They are so used to people BS-ing them that they won't listen. And once the lawyer has it, they won't talk to you any more anyway. Their lawyer is not your friend, nor is he or she going to try and "help" you "fix" this. He or she's main goal to get the money for his client, which is NOT you.
You are going to have to hire a lawyer to handle this properly for you. Trying to do-it-yourself will only make it more complicated and you could screw yourself even more than you are being screwed.
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I don't know why people are advising you time and time again to "try calling them". You have been served with papers and you are being SUED. You have a LIMITED amount of time to file an answer, so I would suggest you get a lawyer and do so ... unless you want them to get a default judgment which will take you many thousands of dollars and possibly years to get vacated ... if at all. You are way past the time for making "phone calls" on this.
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2006-08-11 10:41:58 · answer #1 · answered by BoomChikkaBoom 6 · 1⤊ 0⤋
Be sure to answer the summons in the time allowed or they will automatically get a default judgment against you.
Have you checked your credit reports to see if they have reported on it? If they have, I'm willing to bet that they are reporting inaccurately.
If they are reporting inaccurate info, be sure to file counter claims against them for not only that but also for filing a wrongful law suit.
Your best bet would be to speak with an attorney. Take all of your info with, the summons, your reports if the collection agency is listed etc.
If you cannot afford an attorney, you can try Legal Aid or look on the site I've listed for NACA (National Association of Consumer Advocates)
I would recommend trying a NACA lawyer before Legal Aid.
Legal Aid is good, but probably the most they will do for you is to help you write up your paperwork. They probably will not appear in court with you.
Many lawyers will give a free first consult. If you find a lawyer, ask about the free first consult when you call for an appointment.
Also, the NACA lawyer may take your case on a contingency basis. If you win your case, your lawyer will/should request the court that the Plaintiff pay his/her fees. You do not pay when you win, the Plaintiff will.
If you have more than one viable counter claim on that collection agency, talk to the lawyer about moving the case to a different court where you will receive up to $1,000 per violation rather than just $1,000 per action, should you win your counters.
Look on the NACA site for a lawyer that is versed in the FDCPA.
2006-08-11 10:57:54 · answer #2 · answered by echo 7 · 0⤊ 0⤋
If they sent a collection agency after you, you need to call them. They will get it straightend out. They will want your name address, social security number, birthdate, all kinds of personal info.
It could be that someone stole your identity or it could be someone else with a name, age, social security number ect a lot like yours. That happened to me and nearly lost my house over it. I had tried to refinace for a better interest rate, and they paid off the wrong person! The name, age, socail #, payoff, was all really REALLY close. The lawyer said it was a first for him and they company said it had NEVER happend to them before.
I once went into a free clinic for a pap smear and they tried to tell me I had just been there for birth control! I said not me (I'd had a hysterectomy 4 yrs prior to this) and I had to show my ID to them. It turned out to be someone else with the same name, birthday was only 1 day different, socail # was amazingly close..
Once my husband had a credit card company send a collection agency after us. It took a while but we did get it striaghtend out.
Then when my husband was in the hosp once, my neighbor called wanting to speak with him..
The said "which one - we have 4 of them!"
With Billions of people in this world, things like that do happen.
One piece of advice though, while you are getting things straightend around, and afterwards too, KEEP all the papers you recieve about it. Then get a copy of your credit report WITHOUT this error and keep it for your records in case it happens again.
I personally wouldn't reccomend the lawyer thing, just now. Wait to see if the collection agency can do something first.
2006-08-11 10:47:24 · answer #3 · answered by helpme1 5 · 0⤊ 0⤋
Call all the Major Credit bureaus and dispute the charges..I think there is a certain time frame in which the creditors have to prove the validity of the charges or they have to be removed from your credit file. I would also contact an atty to see what else needs to be or can be done.
2006-08-11 10:36:49 · answer #4 · answered by Q.S.G 3 · 1⤊ 0⤋
Did you ever recieve any written notification of an attempt to collect in this debt? in case you in no way recieved any communique (letter or telephone call) from Capital One or the lawyer then they have violated you rights below the FDCPA. they might desire to tell you and inform you of your legal rights and which you will request validation of the debt interior 30 days of them sending you a series letter. If all you recieved is the courtroom summons, then call the clerk of the courtroom to make confident it rather is authnticity (the summons ought to record the courtroom handle and docket quantity besides as a quantity for the courtroom clerks place of work.) in case you in basic terms recieved a summons, then pass to the courtroom and document for a continuance and state you have been denied the mindset of debt validaton. whilst a guy or woman request debt validation it places any legal movements on carry for 30 days. this provide you time to purpose and nogotiate a charge schedule or pay off. If the courtroom won't enable a conitnuance, then document what's called a "Sworn Denial" that's an hardship-free fact which you deny that that's yoiur debt and regardless of if it is your debt, your deny that it continues to be a valid debt and regardless of if that's a valid debt, you deny the quantity sued for is the superb suited quantity". Many courts might additionally grant a sparkling style to fill out. you may desire to then document a duplicate with the courtroom and deliver a duplicate to the lawyer by qualified mail/return receipt. This additionally buys you time as now they might now not place self belief in the Sworn Affidavit of Account that's in simple terms a sort that the series lawyer enters and is signed with the aid of the creditor. It states that the debtor owes the debt and that that's the quantity. With that affidavit in hand, the courtroom provides the creditor a judgment. whilst a sworn denial is filed the lawyer will not be able to apply an hardship-free sworn affidavit, they might desire to grant a "stay" witness to testify which will stall the lawsuits and supply you extra time. in the event that they won't grant a stay witness from the unique creditor then the courtroom can brush off the case on your want. yet till now you are trying this, seek advice from the courtroom clerk to make confident your state statutes enable for this type of submitting. notice: This communique isn't meant as and should not be interpreted as legal advice yet is meant fullyyt as a ordinary talk of legal ideas or definitions of the FDCPA and FCRA. continuously seek for advice from an lawyer if mandatory.
2016-10-01 23:12:33 · answer #5 · answered by Anonymous · 0⤊ 0⤋
You might want to talk to a lawyer. Get a copy of your credit report if for any reason this is real it should show on yor credit. Maybe some stole your info.
2006-08-11 10:35:21 · answer #6 · answered by Candace 2 · 1⤊ 0⤋
First check your credit report file a dispute of charges with Equifax, TansUnion, Experian if its on your credit. (Make sure they have the right person) and get that lawyer and counter sue.
2006-08-11 10:36:18 · answer #7 · answered by David W 2 · 2⤊ 0⤋
Sounds like credit card fraud,you need to talk to one of there managers and ask to see who signed for these items etc.Sounds like someone stole your name someplace.You will probably need a lawyer..
2006-08-11 10:38:37 · answer #8 · answered by D Grass 3 · 1⤊ 0⤋
Seek legal counsel, get copies of your credit reports to see if they reported it to the agencies, start your own paper trail with this company disputing their story and digging up whatever "evidence" you can to dispute it.
2006-08-11 10:34:35 · answer #9 · answered by SAL 3 · 1⤊ 0⤋
I would recommend that you get a lawyer and sue them. The company needs to make sure to get their facts straight.
2006-08-11 10:35:28 · answer #10 · answered by coffeegulper 2 · 1⤊ 0⤋