I'm being sued! What to do?

[gibeon]

Well this is bizarre, and I could use some advice. 

I have been trying to fix my credit history, and have all my collections colleted, but I dont see this one anywhere, but it sounds familiar-ish. I got a notice from the local district court today that I'm being sued for $535.51 + $50 in court costs on behalf of Jefferson Capital Systems LLC, Assignee of Tribute Card etc etc

I can't find ANY OF THIS on my credit report. No collections from Jefferson Capital, NO Tribute Card at all.

I did apparently have an Imagine card, which I think may be related to Tribue, but the only report (Experian) that it shows up on says that all payments were made, there were no derogotories, and that the account was closed at my request as of September 2009.

Here's the Bizarre part, it says my last Payment was $48.44 on 4/15/2011. (I had some serious financial/employment issues around this time, so it sounds relatively legitimate.)

Here's the sad part for me. I did ignore a previous letter from the law offices that are suing me. So, I'm guessing it is too late for DV.

I guess my real question is, if this isn't on my reports at all, should I try to settle prior to court? I could even do the full amount if necessary, I just don't know how bad a judement would be (I don't know how to prove I don't owe them money based on it not being on my credit reports), and I don't want to spend half a day in court in late May when I should be at my cousin's wedding.

Any helpful advice will be greatly appreciated!

Thanks,
Dave

[sisyphus_project]

It's probably too late for a DV, yes. But if they're actually taking you to court, they'll need to produce a contract to recover. 

If you really think that the debt is yours, contacting them to settling is a good move. If you can afford it, you should contact a lawyer to discuss your options.

One more thing: Which state are you in?

[gibeon]

Hello! I'm in Massachusetts.

The suit is from a MA lawyer (who would probably rather not come down to my local court) as the attorney for Jefferson Capital of MN. This is my first time being sued for something.

A lawyer will probably cost more than it is worth. Since this isn't a "baddy" showing up anywhere on my credit, and it is really very possible that the debt is legitimate, I wouldn't mind trying to settle out for a guarantee of no-reporting or something. 

I just don't know if trying to negotiate would "activate" the account again, or if I should just call hat-in-hand and offer to pay full for no-reporting.

This might turn out to be a real expensive lesson in opening mail.

[redbeard]

You can still do a debt verification, just the hold on the lawsuit / collection won't be there.

At this point, its really a bit late to do anything to try to delay this.  Just contact the office, have them send you the proof of debt and any previous payment history.

I would tell them that you want to get this resolved prior to the court date, but that you don't know what the debt is and just want to make sure it is yours.  

Once they send you proof that it is your debt, pay it.  They won't settle for much less than the full amount if they have already taken the steps to file a lawsuit.  You can try but they will get the full amount if they go to court and then some.  You really want to avoid any additional fees that end up getting tacked on.

If you have to, they will probably work out payments for you, though probably not long term, maybe over 2 or 3 months.  They will just delay the court hearing, saying a settlement is pending.  You miss a payment and then the court date happens.

Don't take it at face value that it is your debt.  They should provide some proof.  

Dan

[sisyphus_project]

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@gibeon wrote:

Hello! I'm in Massachusetts.

The suit is from a MA lawyer (who would probably rather not come down to my local court) as the attorney for Jefferson Capital of MN. This is my first time being sued for something.

A lawyer will probably cost more than it is worth. Since this isn't a "baddy" showing up anywhere on my credit, and it is really very possible that the debt is legitimate, I wouldn't mind trying to settle out for a guarantee of no-reporting or something. 

I just don't know if trying to negotiate would "activate" the account again, or if I should just call hat-in-hand and offer to pay full for no-reporting.

This might turn out to be a real expensive lesson in opening mail. Not opening it would, in the long run, cost you far more.

---

[gdale6]

Before you make any arrangement to pay it you need to know if its still inside the SOL. If the SOL has passed then that is your defense to get the suit dismissed. If the debt isnt on your CRs its highly possible its too old to even report.. You need to investigate and find out who the OC is.

[Anonymous]

Also, do some tesearch. They must have key pieces of evidence to prove 1)the debt is yours 2) they have written authority showing they have authority to collect on the debt. On many cases they file court cases hoping debtor does not show which gets them a default judgement. These rules vary by state, so I am not familiar with the rules in MA.

Check out avvo dot com. They offer free q&a with attorney's, and you can even pay a small fee for 15 mins with a lawyer to answer these questions for you.

[Anonymous]

Also, just because its not on your CR, does not mean that they can't sue. CRTP in many cases expires BEFORE SOL, Which in my state for example, they have 10 yrs from date of last activity to file suit. This is not the same as DOFD, which is why we recommend not making payments after charge off unless you plan to settle.

If you settle with attorney debt collector, make sure you have them agree in writing to no further reporting to CRAs. Which if my assumption is right, you won't have to deal with unless they win in court and get a judgement against you.

One caveat: If you make the atty provide verification of debt they may add legal fees. So you may be better off just agreeing to pay the $633 if that's what they are asking for.

Or, just go to court. They have to prove it if you show up. Just find exactly what they are supposed to provide as proof, if they provide it you can PIF, or set up pymt arrangements which will be entered as an agreed order. Problem with is, if you set up an agreement and then default you can be found in contempt of court and actually go to jail.

[Anonymous]

"Problem with is, if you set up an agreement and then default you can be found in contempt of court and actually go to jail."

That is simply not true. You cannot be jailed for failure to pay a debt. PERIOD. Debtor's Prison was a concept that was eliminated at the founding of our nation.The court allows the plaintiff certain means to collect the debt, if the debtor is uncooperative. These include the freezing and seizure of bank accounts, liens against any real property, and wage garnishment orders. But you CANNOT be sent to jail.

[Anonymous]

gibeon, before doing ANYTHING, read this E-book by Peter Holland - it will give you a lot of insight into how these things work and how to effectively defend yourself. Personally I think they have hung someone elses debt around your neck, and that should be you line of defense - make them PROVE it is YOUR debt, and not someone else with a similar name.