EXPERT PLEASE: Iam being sued....

[Anonymous]

I have to say you all have taken me a long way and now i need you more than ever.  Short version.

I am being sued by ford motor credit - it is for a car that was repo'd since 1998 - I am not even sure of the dates because it is so old - I have no recollection of the details of the original debt.  Since cleaning up my credit...I think I awoke a sleeping monster.  They have now sent me papers informing me that they have entered a judgment against me ....and now they are calling me at my job (which of course, puts me in an awkward embarrassing position at work).

they were removed from my CR more than 6 months ago because of the age of the debt.  What can I do?  PLEASE HELP,  i truly cannot afford a lawyer at this time.

How can I sopt  the call at work?  is that legal?  can I stop them from calling me?

[Anonymous]

where are you? what is your state's SOL? seems like it should be way too old for them to sue. if it's past SOL and they have threatened judgement or said they have when they haven't, that is a violation. was the document you recieved a summons, or just a threatening letter. FMC are beasts. they put a lien on my dad's house after he lost his job and had to return a leased vehicle. then a year later he deposits his paycheck and an hour later his bank account was EMPTY. no notices no warning. they are scum.

[Anonymous]

I am in NY - i dont know my state SOL - OMG how do i found out...I am in a total panick, am so scared....I am trying so hard to clean up and now this, I cannot afford this mess.

I received a summons?  I am in a complete state of PANICK!

[Anonymous]

the SOL in new york is 6 years. i would consult an atty, because they appear to be in violation based on what you've told us so far. at this point it looks like they might owe YOU money.

I can't tell by your last post, did you recieve a summons or not?

[Anonymous]

yes i received a summons.

what kind of attorney do i need?

[Anonymous]

can someone please post the link to the attorney referral website? I can't remember the URL. would love input from a pro here!

[SmartCookie]

1) Make some coffee and BREATHE.  You'll be fine.  Seems SOL is probably up, and if so... you win in court.

2) Send out a DV letter CMRRR to whoever is suing you.

3) www.naca.net for Consumer lawyers.  If you cannot afford a lawyer, they may still be able to give you a consult.  Check the NYS Bar Association for information on what you can do if you cannot afford an attorney (pro-bono attys, Legal Aid etc).  Worse comes to worse, you can represent yourself pro-se.  There is a pro-se court clerk available to guide you at the Court.

4) Regardless of SOL or anything else, a Summons needs to be properly answered.  Nothing but nothing changes this.  Make the most of your time before you do this and don't jump the gun, it's not a 'yes' or 'no' answer, it sets up your defense.

5) Make and keep copies of EVERYTHING including your CBRs.

6) Now go make that coffee and get cracking.  You'll be fine as long as you are pro-active.

[Anonymous]

coffee for now - a stronger potion for later - thank you so much.....I will get started ASAP.  I am writing the letter.

but what abot the calls???  at work and home??

[SmartCookie]

FDCPA law requires that they cease collection activity until the debt is validated.  If they continue calls after they have received the DV letter, they are in violation.  1k per call.  This is why it is most important to get this out CMRRR ASAP.

http://ficoforums.myfico.com/fico/board/message?board.id=generalcredit&message.id=4328

[SmartCookie]

I just want to stress that the DV does not make the Summons go away just because it was sent.