First Consumers help!

[Anonymous]

Hello!

I am new to these forums and am impressed with the amount of wonderful knowledge that is here.

My problem.

I had a First Consumers card back in the late 1990s that was in the process of being disputed (maybe it was the early 2000's) Anyway, when I tried to follow up with the dispute--I never got any response of any kind.

I soon learned that my credit card bill was sent to collections and never heard a thing after that. I was not very active in looking at my credit report or what was on it--simply because I never had to. Now, recently--I have received a dozen or so letters (at once) from the collection agency that has this 9 year old account --each letter list a different car that I have owned in the past and claims that they are going to seize my car to pay the judgment of $2000 (interest added up).

I am not sure if I can trust these people or where to go from here. I was about to make the last few payments on my house next month to totally pay it off--but, if they can take my car, can they take my house as well after I get the deed?

Thanks for any information!

DaveinNY

[Anonymous]

What is the SOL in your state? When was the judgement filed and adjudicated?

Moving to general for more advice.

[TryingVeryHard]

Welcome to the forum. If you encounter weird abbreviation, see them here: http://ficoforums.myfico.com/fico/board/message?board.id=generalcredit&thread.id=52625

[Anonymous]

Welcome DaveinNY,  Im guessing that you are from NY, if so your SOL  is  6 years.

The CA told you that you have a judgment?    Is it on any of your CR??

This thread is for newbies & has links to abbrevs that we use and freq.requested threads. It is full of info.

http://ficoforums.myfico.com/fico/board/message?board.id=generalcredit&thread.id=38534

Feel free to ask any questions that you need. You may notice many people are reading it but not answering. This is because they might not know how. You will get answers though.

NEVER TRUST A CA!!!!!   Never sign your name to anything going to a CA!!!!!

Message Edited by HappyDays on 12-23-2007 08:05 PM

[Anonymous]

FIRST DV the CA (who is probably a JDB).  Do this NOW do not wait.

If there is no judgement showing on your reports then there probably isn't one (or it's past drop-off which does not mean it's past enforcement) - did they threaten to get a judgement and then sell the car (SOL is important so DV them to get anything they have).  SOL for a NY judgment is 10 years with a max interest rate of 8%.

You need to pin down the dates ofr the card... this is very important.

I am personally thinking JDB scare tactic to get any amount of money they can - but that word judgement concerns me - especially since there have been numerous letters with numerous cars mentioned.

If you ignore this (and it's legit) they can possibly place a lien on your house (the only ones that can force a sale are the mortgage holder and the tax-man) - I doublt any sane judge would sign off on a forced sale for $2K.More than likely wage garnishment if there is a judgment.

I am really thinking sleazy JDB tactic - who will turn tail and run if DV'd.

[Anonymous]

"If you ignore this (and it's legit) they can possibly place a lien on your house (the only ones that can force a sale are the mortgage holder and the tax-man) - I doublt any sane judge would sign off on a forced sale for $2K.More than likely wage garnishment if there is a judgment"

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My question is--I won't have a mortgage holder in a month. I am making the final payment on my home mortgage. If I own it free and clear, can they force a sale then? I don't want to lose my home.

I am submitting a DV ASAP--thanks for the advice.

[Anonymous]

If this was a credit card (and those do not have a security interest secured by your home) - NO.  How they are even threatening your car without a judgement (do they have one?????) and an order from a judge seems to be a violation (ching-ching $1K for each letter - so save them).     They are threatening assest not secured by the debt.... major violation IMO unless they do have a judgment.

[Anonymous]

DaveinNY2...It is important for us to know (and yourself) is this report on any CR as a judgment???

[Anonymous]

Oh sorry--yes, there is a judgement. I was seriously injured in a car accident around that time and totally forgot about the cout date--so, never went. I am not sure if the debt was even within the SOL when it went to court. I also am not sure if the debt was valid as I secured it with my own money to even get the credit card (I was young and no credit).

Anyway, They sent me letters to take a car. Thing is--I don't have a car any longer. The car is in my Wifes name--whom I was not even married to when the Judgement was entered. Also, I have been ill for a few years and do not work, so wage garnishment is not a possability at this time either.

My house is my concern.

[Anonymous]

is your house owned by both of you?  get in touch with someone from http://www.naca.net/ - they will have the more definite answer.