finance acquisitions
Question
I'm supposedly being sued by a creditor! Now What?
Well we should probably start from the beginning. I opened a credit card in 2006. It was from Continental Finance. I could not get a regular credit card so I signed up for this one. It had a $300 credit limit and they charged me $250 in fees so my initial credit was $50. I cant remember when I stopped paying on it. I ended up losing my job sometime around June or July 2006 and I think I stopped paying it then. I have not heard anything from anyone about this debt (no letters, no phone calls, etc.) until I got served with a summons 2 days ago. The OC sold my account to this collection agency in Longmont, CO called Liberty Acquisitions (this is what they told me when I called them today). Looking at my credit report it was sold in August 2007. It is also saying that I was 30 days late on April 2007 but I really don't think that is correct. Now I am supposed to appear in court on November 2. They are trying to make me pay over $1300 plus court fees and process server fees (I was served from a private process server. Not a sheriff). I am now currently unemployed again and looking for work. Before I got laid off I would have gladly made payment arrangements but since I am unemployed and have 2 kids to support I cant afford anything! So when I looked at the summons I noticed that there is nothing on it. Its blank. Just a court date and time. No case #, division #, or even a room #. So I called the courthouse and there is nothing filed against me there. Is this a scare tactic or will they file something later with the courts before Nov 2? If they haven't filed anything with the courts why are they trying to hit me for court fees? The SOL in Colorado is 3 years (at least that is what I keep reading. I don't know for sure. Maybe someone can clarify for me.) Since I cant remember when the last time I used my card was, how do I get this information to make sure the SOL is up? I want to go to court and I will show up no matter what but I want to make sure I have proof. What do I do? Great advice CatDad! I looked at my annualcreditreport.com and the only one it gives me is Experian. There was a problem with the other two so I cant even look at those. It says I have to request them by mail. On Experian everything says OK until April 07 and it says 30 DAYS. I dont think that was reported correctly. I dont remember even using this card in 2007. I lost my job in July of 2006 and I dont think I paid it after that. Can I call the OC and get statements? Also I was planning on going to court and telling the judge that since I haven't heard anything about this until the summons I would like to get the debt validated. I want to ask the judge to do it to try to buy me some time. If they are trying to scare me they shouldn't have this info. I dont want to give them a heads up so they can get this info and use it in court to win the judgement against me. Is this a good idea or no?
1 month ago - 1 answers
Best Answer
Chosen by Asker
Per your update...you can't go to the court and directly talk to the judge. Start with the certified mail request as stated below. Stay off the phone and don't talk to the collection agency! Keep all communications in writing. DO NOT admit to owing the debt in writing... ------------------------------------------------------ The SOL in CO is 3 years...The SOL starts on either the date of default or date of last payment. This may or may not be a bogus legal threat. Keep in contact with the courthouse for more info. Start by sending this debt collector and the court a letter via Certified Mail with Return Receipt (NOT regular mail) stating: Per the Fair Credit Reporting Act, I am officially requesting validation of your claim, to include (this info will be requested at any court hearing): - A copy of the original application with my signature for this alleged debt - Provide the full name of your attorney and his/her license # in the state bar association - How much was this debt purchased for? - Provide a fully itemized statement for the amount you are asking which clearly details how this amount over the amount that was paid for this debt was calculated, including the interest rate being charged. Confirm that this rate falls within Colorado usury limits - Provide validation that this alleged debt is within the statute of limitation This letter has been mailed via Certified Mail with Return Receipt. Receipt of this letter is being officially time stamped. ------------------- Don't sign your signature on any document that you mail to a debt collector. It could end up on a forged document that can be used against you. Simply type your full name. ----------------- If this ends up being a real, confirmed legal threat, there here is my complete answer for how to deal with being sued for credit card debt: answers ... --------------------------- Pull your credit report to see what the Date of Last Activity is showing on this account: annualcreditreport.com is the real free site to check your credit file for free once a year without a credit card. www ... - NOT freecreditreport.com
by CatDad
1 month ago
Asker's Rating: 