AM I CRAZY OR WHAT!!!!!

[vexed1978]

this is my first time joining the forum, but have been a member for a while. my problem is with a company called Professional Recovery Systems, its for a ballys acct that was opened in 2001, and due to come off on "08". i heard about sol, but now i believe i messed it up. i made arrangments with this ca last year, they told me they could only do arrangements for 3 months at a time. i relunctantly agreed to 100 a month, the balance was 2100 and i paid a total of 700 altogether, i couldnt afford to make a payment when my father passed in july , so when i talked to them in august, to resume payment i got a different rep who told me since i didnt make a new aggreement at the end of three months in june and didnt pay in july that i would not be able to resume the agreement in aug and had to pay in full, even though i told him i could'nt, also i still owed almost 1800 in aug. he told me that they sent all the information to my address so basically why was i acting "stupid" and like i didnt know what was going on. never mind that the address he gave me, NO MAIL can go to that address because it doesnt exist anymore and it been over 8 years since i lived there. which i know i updated my info when i first started paying. also i still havent got any new mail from them, but i was served some papers, at the home im buying, which i have not transferred any mail there, nor my id, i have nothing saying that that is my address. HOW IS THAT HOW WOULD THEY HAVE THAT ADDRESS!  but could never send me any type of info about this acct, also on the papers it has my current address on the forms but they never came to that address , also they have another address that ive never live at. also the papers say original contract is currently unavailable, and that this affidavit be treated as the original document and if any originals are discovered they be submitted to the courts for cancellation. and that i have 21 days to file a written answer to the court. the CA have stilled called  repeatedly i refuse to talk to them. they call about 15 times a day, but I'm so pissed.  i feel like they have already gotten over, even if i pay, i cant go to the gym, ive been 1 time. this is ridiculous, they wouldnt even do a settlement that was reasonable, even in the beginning. WHAT SHOULD I DO ? 

[Ausfarm]

[I'm sincerely not trying to offend, but you'll probably get more responses if your posts are more reader-friendly.  That is to say, use paragraphs to organize your thoughts when you have alot to say.  No one wants to read a long block paragraph.  Maybe a short one, but not a long one.  Again, please don't be offended.]

You're right, you probably messed up when you made payment arrangements after the SOL had run.  You may have reset the SOL.

If you don't answer w/in the timeframe allowed in the complaint, a default judgment will be rendered against you and that will show up on your credit reports.  So you'll want to file your answer w/in the first 30 days.

The affidavit included in the claim is probably a sworn affidavit of account.  You'll have to do a sworn denial.  See the link below which explains it in more detail.

If you can, you should probably hire an attorney.  If you can't afford one, try a legal aid service.  If you want to try to go it alone, check out this article entitled "How to beat a collection law suit":

http://www.attorney-in-alabama.com/not-pay-debt.html.  (Note disclaimer). You may also search this board or the web, I believe there's a national organization the refers you to attorneys that practice in the area of consumer law.

[Ausfarm]

Oh!  And they probably did a public records search to find your address.  Most appraisal/tax districts maintain online databases and you can search by owner name.  That's probably how they found you.

[Anonymous]

There's lots of programs available to creditors to allow them to track people down.  Even things more comprehensive than public records search.