i recently received a citation from a collection agency stating that i owed $3,128 to them. they've enlisted an attorney in delaware, while they (collection agency) are in dallas county (tx) and i'm in collin county (tx).
i plan to go in to court and sign a written disagreement with this citation. (either you say you agree or disagree that you owe to the plaintiff)
am i making the right decision?
(this debt began in 1999, the last charge on the card was in 1999
it has not been 6 years since last payment was rendered on the account and sent to collection agency)
2007-11-19 19:00:22 · 3 answers · asked by goodnewz24 1 in Business & Finance ➔ Credit
If your last payment on the card was made more than 4 years ago then you are past the collecting SOL. If that is so, you should include an affirmative defense of SOL in with your answer. (and possibly file a counterclaim for them filing suit on a time barred debt)
As for disagreeing to the citation, has the collector proved to you that the alleged debt they are trying to collect on is yours?
Has the collector provided information concerning the alleged debt that came from the original creditors files and NOT from the collectors own files?
Has the collector proven how the amount was calculated that they claim is owed?
If not, you cannot be absolutely positive that the alleged debt or the amount they are requesting is yours to pay.
2007-11-19 19:28:01 · answer #1 · answered by echo 7 · 1⤊ 0⤋
If it is your debt than it is your debt. If you do not agree that you owe them than what you are saying is that it wasn't your debt? You didn't use the card?
Check your credit report- if this is your debt you are only hurting yourself. If it has been this long I am sure you could even settle over the phone at a much lower payment and maybe even over several months- Sometimes they are willing to take even up to 75% off! But, bottom line will be your credit report. No reason in continuing ruining your credit- check it out! Good luck and if it is your debt than just try your best to rectify it.
2007-11-20 03:10:35 · answer #2 · answered by Rai 4 · 0⤊ 0⤋
pay your freaking credit cards off. you did make the charges and have blown them off for almost 8 years.... pay them.
2007-11-20 03:19:14 · answer #3 · answered by Anonymous · 0⤊ 2⤋