topic Re: Please Help:( Law suit filed against me!! in Rebuilding Your Credit

Please Help:( Law suit filed against me!!

Anonymous — Fri, 14 Jun 2013 18:44:30 GMT

Hi! To make a long story short:

2008 had a lowes Credit Card,fell behind on payments, and it went to a Debt collector.

2010 ish paid the debt collector a lump sump (less than half the balance) with a MONEY ORDER (because they said the offer was only good for that day and would expire if I didn't accept it...I didn't have a check book and they would not take a Credit Card payment or were going to charge extra for it or something...so I went and got a money order)

Debt Collector said they would notify the Original Creditor (Lowes) saying I paid in full (i was very happy about this)

I sent them a Money Order for the settlement amount, and then the calls stopped

However, Fast-forward almost 4 years later and I pull my credit and see that there is a colleciton account from a debt collector. I call them and find out an attorney has filed a suit against me!!!!

The debt they are trying to get me to pay is the SAME ONE THAT I SETTLED 4 YEARS AGO! Just with a different colelction agency now! How is this possible what can I do?? Please please please help if you can.

Re: Please Help:( Law suit filed against me!!

DaBears — Fri, 14 Jun 2013 18:48:09 GMT

Send off a DV letter CMRRR asap!!!!!

Re: Please Help:( Law suit filed against me!!

Anonymous — Fri, 14 Jun 2013 18:53:23 GMT

Okay, so do I send the Dv to the Debt collector or the lawyers office? and what does CMRRR mean (sorry...new at this...but thank you so much for responding)

Re: Please Help:( Law suit filed against me!!

Anonymous — Fri, 14 Jun 2013 18:55:20 GMT

What DaBears said and another perfect example of how anything done in payments and agreements of debts should always be in writing! If it is not in writing it is like is never happened.

I learned this the hard way long ago and can not stress enough of the importance of this. It is unfortunate that verbal agreements can just be blown off.

I wish you luck and sorry this is happening to you.

Re: Please Help:( Law suit filed against me!!

fishbjc — Fri, 14 Jun 2013 18:57:33 GMT

Do you have the receipt? I hope that agreement was in writing, otherwise...
Cmrrr....certified mail return receipt requested

Re: Please Help:( Law suit filed against me!!

Anonymous — Fri, 14 Jun 2013 18:59:50 GMT

I was young and very naive my credit score has dropped from 710 to 668 because of this and since I have no proof I am scared that I am going to have to pay this again!

I will write a DV tonight but I am not sure if I should sent it to the Colleciton agency or the Lawyer or Both?

Re: Please Help:( Law suit filed against me!!

fishbjc — Fri, 14 Jun 2013 19:02:34 GMT

The balance could have been sd off to a different ca. As for the 'lawsuit', of course
They will tell u that!!

Re: Please Help:( Law suit filed against me!!

Anonymous — Fri, 14 Jun 2013 19:03:30 GMT

Thanks for the clarification. on CMRRR!

Nothing in writing, no proof at all.

I kept the reciept for the money order in a file for over a year but it is no where to be found now (paid 3-4 years ago).The collection calls stopped shortly after payment of my settlement, never thought this could happen!

Am I bascially out of luck? No extra money for an attorney so not sure what to do.

Re: Please Help:( Law suit filed against me!!

fishbjc — Fri, 14 Jun 2013 19:03:45 GMT

You did not get this in writing?

Re: Please Help:( Law suit filed against me!!

fishbjc — Fri, 14 Jun 2013 19:05:47 GMT

Do u recall the name of the ca you paid? Cavalry perhaps? Send the dv to
Ca on your cr.

Re: Please Help:( Law suit filed against me!!

Anonymous — Fri, 14 Jun 2013 19:06:25 GMT

I am so upset with myself for not getting it in writing! I remember them saying the call was recorded...but I'm sure the CA would never give me that record. I called the Courthouse in the county where they said they had filed it and the Clerk said it had in fact been filed but no summons address was listed yet. This is why I am so scared...

Re: Please Help:( Law suit filed against me!!

fishbjc — Fri, 14 Jun 2013 19:09:04 GMT

You are going to have to answer the summons when u r served. Do not
Ignore it! DaBears or Robert or Shogun will give you advice.

Re: Please Help:( Law suit filed against me!!

fishbjc — Fri, 14 Jun 2013 19:09:55 GMT

Whats the amount?

Re: Please Help:( Law suit filed against me!!

Anonymous — Fri, 14 Jun 2013 19:10:19 GMT

Calgary is who the debt is listed with now (the lawsuit is filed as Precision recovery vs. Me). I can't remember who had the account 3 years ago...I am so embarrassed but honestly I thought is was all over and settled. So I will send a letter to calvary...is it too late though?

Re: Please Help:( Law suit filed against me!!

Anonymous — Fri, 14 Jun 2013 19:15:06 GMT

@Anonymous wrote:
I am so upset with myself for not getting it in writing! I remember them saying the call was recorded...but I'm sure the CA would never give me that record. I called the Courthouse in the county where they said they had filed it and the Clerk said it had in fact been filed but no summons address was listed yet. This is why I am so scared...

Don't be upset and don't let others upset you for not getting it in writing. Until you start on the path to rebuild there are a lot of things you may not know.

Do you have any credit reports from back then that may show the debt was settled? Can you track the number on the money order? I know it has been 4 years but money orders have to be notated when they are sold with the number for just this purpose.

What is the SOL in your state for CC debt?

Re: Please Help:( Law suit filed against me!!

Anonymous — Fri, 14 Jun 2013 19:13:35 GMT

Okay! i am willing to anwer the summons and go to court and everything...just so clueless.

The amount on my CR shows 1647.00

The attorneys office (( that i called because that is who the CA told me to handle the issue with says 1800.00+)

But the credit card was only for $1100.00 I think, and I paid around $500-600 ish when I settled

Re: Please Help:( Law suit filed against me!!

fishbjc — Fri, 14 Jun 2013 19:13:40 GMT

You do not want a judgment! Avoid that! Cavalry were pretty easy to work with!
Send them the Dv and see what they have. Is the old ca on your cr snywhere?

Re: Please Help:( Law suit filed against me!!

Anonymous — Fri, 14 Jun 2013 19:16:01 GMT

@Anonymous wrote:
Okay! i am willing to anwer the summons and go to court and everything...just so clueless.

The amount on my CR shows 1647.00
The attorneys office (( that i called because that is who the CA told me to handle the issue with says 1800.00+)

But the credit card was only for $1100.00 I think, and I paid around $500-600 ish when I settled

When you get the summons and answer it, tell them you settled this debt in 2010 with another CA.

Re: Please Help:( Law suit filed against me!!

fishbjc — Fri, 14 Jun 2013 19:16:04 GMT

No no no! You are not clueless! Credit is not taught in a formal setting!
I had no idea you could work with ca until this forum! Live and learn!

Re: Please Help:( Law suit filed against me!!

RobertEG — Fri, 14 Jun 2013 19:19:41 GMT

I agree. Send an immediate DV request, which will impose a cease collection bar, and if responsed to, will make of record their legal statement that they have investigated the debt, and have documentation of its legitimacy.

Some additonal steps to ponder.....

Their statement that they have filed legal action would be a clear violation of the FDCPA if they have not in fact done so.

You dont know for a fact that they have filed until you either been served formal notice, or contact the court and obtain confirmation of their filing.

I assume you have not been served notice, so I would contact the clerk of the court in your jurisdiction and ask if they have record of any such filing.

You might end with a case of legal action of your own against them.

If they have in fact filed, I would not be overly alarmed. Just get all of your evidence togehter, possible supplemented by a letter from the creditor stating that they have never sold the debt to the debt collector or assigned them any collection authority. That would, REGARDLESS of any proof or lack thereof of prior payment of the debt, be adequate to show their action is unsupported.

Show up in court, and possibly counter their action with your own counter-action of their willful violation of the FDCPA, which entitles the consumer to possible award of damges by the court.

If they cannot show legitimate collection authority, you may get your own chunk of change out or their pocket.

I doubt they will show up in court based on the info you have provided.