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kingkevin00 · 06-30-2008, 07:23 AM

i just got a summons today from borack and associates for a debt. what should be my first move, should i call them and try to settle out of court or go to court and see what judge says. by the way the name at the bottom of summons (signature of lawyer) does not appear on the borack website!?! i find it a bit odd!!! thanks for any kind of help!

Shazzers · 06-30-2008, 08:08 AM

I am assuming you already received a dunning letter stating you had thirty days to respond and dispute the debt, or it would be assumed the debt is yours? You need to answer the summons, for sure. And if you feel you can negotiate a pay off, and are sure this debt is yours, nor do you dispute the amount, then by all means negotiate a pay off with them. Just make sure you answer the summons in the time allotted.

changetobedebtfree · 07-10-2008, 07:28 PM

send them a DM letter. I had a case brought against me by these people. I never got summons but was sent a dimissal letter. They called my parents house and i return there phone call. They couldn't answer any of my questions and couldn't even tell me who the originator creditor was. do a search on this web site for them and you will find other information about them.

07-15-2008, 09:41 PM

Hi, I am scheduled to go to court in 2 days for a car repo in 2001. Portfolio called today to try and work out a payment. What should I do. I am pretty sure that the SOL is up in Tn. ( 6 years )

07-16-2008, 12:46 AM

If you have a legitimate court date, you must go or they will get a judgement against you and once they have a judgement place liens on your property and garnish your wages.

JCEMT · 07-16-2008, 06:19 AM

Welcome to the community Smoody0923.
Guest is correct, if you don't show up in court they will get a default judgment, however by going to court you can use SOL as an affirmative defense.

08-15-2008, 02:25 PM

borack and associates.i pd a old debt off x1year and half 125dollars a ,month,i thought it was paid off they wrote a summons said i owed them over 1200 dollars was late charges and whatever they said they said it was 6oo dollars left but those were the other charges what you think about that,got to be some laws to stop them from harassing people all the time when the debt has been paid more than the credit you got on the credit card a 5oo dollars card you end up spending 2ooo dollars or more on it and they still harass you.some one tell me the laws

alias1958 · 08-15-2008, 04:23 PM

If you received a summons, you definitely need to respond and show up in court. Otherwise, the collection agency will get a default judgment against you. Then they can lien your property and/or garnish your wages (unless you live in a non-garnishment state).

Was $2000 the balance of your account when the credit card company charged it off? Or was $500 the balance of your account at the time of charge off and the collection agency added interest to bring the total to $2000?

03-03-2009, 09:37 AM

CAN YOU STOP ALL THE CALL FORM THIS PEOPLE I ALMOST HAD THOUNGTHS OF SUICADAL THEY WERE VERY RUDE NAD THRETHENING ON THE PHONE THEY DID NOT ACCPPTED MY PROPOSAL MARIA .. IAM GOING CRAZY

03-03-2009, 10:04 AM

THE LAST TIME THIS POEPLE CAL LME THEY WERE VERY BAD THRETHENING TO SPK TO MY BOYFRIEND SO HE CAN REFINCE THE HOME AND PAY THEM IM NOT TH EOWNER OF THE HOME AND I TOLD I WOULD TRY TO GIVE THEM 75.00 TO 100.00 A MONTH AND THEY REFUSED THEY TOLD ME THEY WILL GET IT ONE OR THE OTHER THEY SAID THEY WILL GARNISH MY CK OT ATKE THE HOME OR MY CAR THEY GOT IN PINT THAT I WONDER WHY SO MANY POEPLE TAKE THEIR LIFE AWY BECAUSED POEPLE LIKE THIS THRETHENING THEM OVER A DEDT IM SO SORRY THE GOVERMENT HAS POEPLE LIKE THIS CALLLING TO GET DEPT APY OFF IT SHOULD BE DIFFEREMNT SO THEY CAN AN AGREEMENT OR AN UNDERSTANDING BETWEEN PARTYS SO IF DOES HAVE TO GOO FAR AND PEOPLE END UP TAKE THEIR LIFE OVER SOMETHING LIKE DEPT I HOPE SOME ONE COULD CHANGE THIS TO BETTER WAY TO COLLECT //

03-03-2009, 10:07 AM

i THOUGTH FOR A MOMENT ABOUT JUST GETTIING OUT OF IT BY SUCIDED BUT THEM AGAIN WHY SHOULD I I JUST HAVE SO MUCH DEPT AT THIS MOMENT BECAUSE OF MY SITUATION BUT GOD FOR GIVE ME // I WROTTE A LETTER TO THE ATTORNEY GENERAL AND TO MAYOR SO THEY CAN AT LEAST KNOW THEY NEED TO DO SOMETHING ABOUT THIS //

03-03-2009, 10:11 AM

I HAD NEVER RECIEVED A NOTICE OR A LETTER ABOUT A FIVE DAY NOTICE OR A 30 DAY NOTICE I VERF THE ADREES WITH THIS WHAT SHOULD i DO ABOUT THIS .. THIS PEOPLE DO NOT KNOW HOW TO TALK TO YOU ON THE PHONE AT ALL AND I CAN NOT GET THEM T TEAKE THE PAYMENT THAT I CAN AFFORD // PLZ REPLY //

03-03-2009, 10:12 AM

THEY ONLY TOLD ME OVER THE PHONE THAT I WIL BE GOING TO COURT

pokertramp · 03-03-2009, 12:32 PM

Don't get shook up over it Maria,

First off, what state do you live in and if you know what the debt they are collecting is for, when was the last time a payment was made?

If they are not an attorney in your state, they cannot threaten legal action. Seeing as they contacted you by phone, they now have 5 days to send something in writing giving you the 30 day right to dispute the alleged debt. They cannot take your money or assets unless they sued you and got a judgment in court. The threats from them are baseless and are just an attempt to extort money from you.

You came to the right place.

03-04-2009, 12:07 AM

I live in Fla and got a call tonite from someone who claimed to be from chase bank where I have a $3600 cc Bal unpaid for 3-4 months now. They said paperwork had been filed and I should be served any day now unless I made some type of payment arrangements. I offered what i could and they declined. I explained I'm judgement proof (hoh, less than $500 wk income, self employed in declining business, homestead and no attachable assets except $100 in the bank, filing for disability. on foodstamps and medicaid). They said I could think about it and if I change my mind get back to them tomorrow.

According to your answer to maria unless they are an attorney in my state they can't do this and I'm being pressured? Is this a violation of deby collection act?

Thanks