June of this year i got a creditior calling me up and demanding 2k from me now. I asked what is it for he told me it was a capital 1 account open 7 years ago. I told him i dont recall that and i am going to have to look into it. He then told me i have till the end of the day to respond/then he is going to have to go ahead with suing me. Then he told me once he dose that he will get my county sheriff to come out and sell things of mine to satisify that 2k plus fees, about another 2k. I went to my lawer asap, we pulled a credit report, showed it charged off on june 2001. My laywer then sent this company a validation of debt with charges/payments and the signed portion of the document. 2 months have gone by nothing, my lawer sent out another one. all of these were certified and have been noted recived. Last week i recived a court summons for this, i tried to contact my lawer he is out of the county till 11/13/06 and the trial date is 11/7/06 any one been through this?
2006-10-25 06:26:55 · 10 answers · asked by tim w 1 in Business & Finance ➔ Credit
Write the creditor a letter and send it by certified mail. The creditor has to validate that you owe the money and that the original creditor has authorized them to collect. In accordance to the Fair Debt Collection Act Congress passed, they cannot report information that they cannot validate. Demand signed copies. There are sample letters at the following links. If that doesn't work, contact the credit bureaus and dispute the item.
CreditBoards.com
CreditInfoCenter.com
CreditInsider.com
2006-10-25 15:01:03 · answer #1 · answered by Mariposa 7 · 0⤊ 0⤋
I have no theory what "has been bankrupt for 6 months now". So what??? Did they document a financial disaster 7 or a financial disaster 13 financial disaster? If no longer then it extremely is not suitable in the event that they're out of money or no longer. If it became a financial disaster 7 and the decide discharged it then they does no longer owe the money to the creditor and could notify that creditor that the financial disaster 7 became discharged. in case your different 0.5 had filed a financial disaster 13 then they might have set up money back plan and the courtroom ought to have approved it, and that could propose the creditor in contact that's calling your different 0.5 might choose for to be notified via a replica of the courtroom order how lots they gets in keeping with month. The reimbursement plan is for 5 years and then the issue is closed. If the financial disaster 7 discharged the debt then deliver to the courtroom a replica of the release exhibiting the place the debt became discharged.
2016-11-25 20:12:48 · answer #2 · answered by dodsonjr 4 · 0⤊ 0⤋
I could contact the court TODAY and explain to them your attorney is out of the country until 11/13/06. This should get a postponement. If it doesn't, show up alone with all your documentation.
I think this borders on harrassment from the creditor. You realize the only way these people get paid is IF they collect money from you. They are going to try everything possible to collect or it is a waste of their time. That is why they threaten and they are so nasty. If this debt shows as written off I don't know what the big deal is. I don't understand how he even got a court date..........
This is very interesting. Please post what happened. If creditors can write something off and still come after you, that is just not legal. I know when a credit card company writes you off they DO GET paid. Sooooo, how can they collect twice??!! They collect from their insurance.......There is something wrong here..........
2006-10-25 07:16:57 · answer #3 · answered by Anonymous · 0⤊ 0⤋
ok so i am reading this and you claim that you owe capital one. so why are you not being a man a pay the bill. All what the lawyer is doing is collecting his money and buying you time. Well guess what that expiried and they are sueing you. Call them up and settle on a payment, like 20 bucks a month. Pay your bills. IF you dont yes the will get a sheriff to sell your things. I WORK IN THIS FEILD AND I AM JUST HELPING YOU OUT BY WARNING YOU.
2006-10-25 08:23:52 · answer #4 · answered by Anonymous · 0⤊ 0⤋
You need to look at your states Statute of Limitation. If the debt is older than 7yrs, no atty can sue you, send them a SOL letter. They can kick rocks as far as im concerned!
2006-10-25 08:44:04 · answer #5 · answered by sunshine 1 · 0⤊ 0⤋
you should have left well enough alone . 7 years ago well more than likely they just bought this old account for may 500 or even less and now they are coming after you. Just have a continuance done til your attorney returns.
2006-10-25 07:37:27 · answer #6 · answered by Luckys Charm 4 · 0⤊ 0⤋
this is really weird. stuff only stays on your credit report for like 7 years anyway. and if it's charged off, well, you can still pay it and should, but you don't have to...the company doesn't expect you to pay it...that's why they charged it off in the first place.
2006-10-25 06:53:11 · answer #7 · answered by centerstage 3 · 1⤊ 0⤋
Don't panic!!! Go to court on that date and request a continuance till your atty. comes back. And they can't take your stuff unless the court says they can, and even that sounds almost impossible to me.
2006-10-25 06:32:59 · answer #8 · answered by brillantnut 3 · 1⤊ 0⤋
Show up and just bring all the stuff sent and proof of sent with you. I am sure things will go well.
2006-10-25 06:34:39 · answer #9 · answered by cfoxwell99 5 · 1⤊ 0⤋
The statute of limitations is expired! Seek and you shall find!
http://www.expert-credit-advice.com/statute_of_limitations.htm
2006-10-26 14:22:30 · answer #10 · answered by Anonymous · 0⤊ 0⤋