04-14-2012 06:27 PM
I just can't win. I've been paying off some old collections and stuff, just trying to live up to my obligations and do the right thing. Today I get a certified letter in the mail . I wasn't home to sign, but it's from the court in my town, according to the postcard. I searched the court records, and I'm being sued by Continental Finance, or rather Main Street acquisition corp, who bought my old credit card debt from Continental Finance. This card was charged off back in 2008, so I was trying to pay off newer collections, and now I have a lawsuit. It's a relatively small amount, for $726.52 so should I just try to settle this? Pay it? Am I obligated to pay Main Street acquisition anything since I didn't sign a credit card agreement with them? It pisses me off that they made no attempt to reach me, it's like they just monitor my credit report and see me paying stuff off and jump on it.
04-14-2012 06:35 PM
The first thing I would check is the Statute of Limitations for open accounts ( credit cards ) for the state in which you reside. If the debt is out of SOL then you should have a valid defense in court against the lawsuit.
04-14-2012 06:49 PM
I live in Ohio. FIFTEEN years.
Ouch. Sorry to hear that.
How much time do you have before the court date ? Since this is a relatively small amount perhaps you can work it out ~ but make sure that you get everything in writing and don't miss the court date unless the court specifically tells you that the lawsuit is dropped or withdrawn.
04-14-2012 07:03 PM
I don't know. Since I didn't sign for the letter, I just have what's online in the court record, which doesn't show a court date
I gues Iwill call the place tomorrow. Or Monday.
04-14-2012 07:06 PM
Good luck ~ just be sure that you get everything in writing with them, and definately try to negotiate a PFD on any collection accounts they have opened. Also they might still try to get a default judgement against you even if you work out an agreement with them, so make sure that you closely follow up on the court schedule and case.
04-14-2012 07:11 PM
04-14-2012 08:18 PM
Yikes I feel your pain. If it helps, my fiance just negotiated a settlement for 3100 on a balance of 12510. His ex wife applied for the account under his name without his knowledge and bought her boyfriend a Harley. I'm glad this bill is gone although it didn't seem fair that he should have to pay it.
Why should he even pay it at all? It's a fraudulent account....
04-14-2012 09:42 PM
04-14-2012 10:00 PM
Follow the advice about the C&D, but whatever you do- DO NOT MISS THAT COURT DATE. If there is time to see if they are legally unable to collect the debt, then do it. If not call these people and PFD. Do not let a judgement fall on you. That is the worst thing. I agree, its sad. you have been trying to pay your old obligations and these @#%#$ come out of the woodwork.
Best of luck. Really.