topic served for debt in General Credit Topics

served for debt

Anonymous — Sat, 29 Sep 2018 17:58:17 GMT

I've been served, for a collection account of 8k

Heres the thing, the original debt was 5k. Before the original creditor sold off the account, they went into my bank and took $1500. leaving a debt of $3500.

Now this collection company who purchased the debt is claiming I owe them $8400, and they served me with papers for court. I need to answer within 20 days. Another thing is, they put a date 7 days before they served me on the documents. I didn't notice until I had accepted them.

I'm not sure what my best recourse is? I know i definitely need to answer the courts. But, im not sure if I should call creditor and offer settlement? I really hate to give them anything!!! After these shady practices, im upset. No way they can justify $8400 from $3500

Any help would be greatly appreciated

Re: served for debt

RobertEG — Sat, 29 Sep 2018 21:05:58 GMT

If the original creditor has already taken assets from your bank towards recouping the debt, that would imply that they were, at some prior time, awarded a judgment. Is there, in fact, a prior civil judgment on the debt?

As for assessing additional amounts, FDCPA 808(1) permits a debt collector to assess amounts in addition to the principal amount of the debt, such as interest or other fees, provided the contract that created the debt authorizes such amounts or is permitted by law.

I would, before raising any issue of lack of authority to assess additional amounts, carefully review the contract with the OC that created the debt, and review any applicable state laws.

Re: served for debt

Anonymous — Sun, 30 Sep 2018 19:30:12 GMT

The bank account they took $ from was a business bank account. The creditor was a personal/not business barclay credit card.

This was about 2 years ago. At this point, I am considering doing the following.

1. Reply to the courts about this letter I got served: to avoid a default judgment.

a. call creditor suing me, and offer a settlement. No more than 40% to 50%

b. hire an attorney who specializes in this

Any thoughts on the best route to take?

Re: served for debt

vntrsc — Mon, 01 Oct 2018 16:16:12 GMT

@Anonymous wrote:
The bank account they took $ from was a business bank account. The creditor was a personal/not business barclay credit card.

This was about 2 years ago. At this point, I am considering doing the following.

1. Reply to the courts about this letter I got served: to avoid a default judgment.

2.
a. call creditor suing me, and offer a settlement. No more than 40% to 50%
or
b. hire an attorney who specializes in this

Any thoughts on the best route to take?

Have you contacted the court in order to determine whether or not a judgment was already entered against you? If not, you need to do so.