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 Posted: Thu Feb 07, 2008 9:38 am Subject: Is this legal? |
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I recently got a summons from a debt collector. I also got a copy of my credit report and this company put it 3 times on my report for the same debt. is this legal and what do I do? I thought I paid it off a few years ago but apparently not. the debt is from 2002 and the summons was served in 2008. The "company name" has the same debt, account number and other info on my credit report. there is also a different one for the same debt. I looked up this company and heard they are really bad people, bottom feeders to be exact. They have called in the past and threatened me but I have no proof on that. Thanks in advance.
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pokertramp
Joined: 07 Feb 2008
Posts: 72
Debtcc Points: 1361
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| Posted: Thu Feb 07, 2008 12:12 pm Subject: |
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I think there are a few questions that need to be answered first so that one of the people here, who will have great advice for you I'm sure!, will be able to help you properly.
Were you served in person with papers? Or did they appear in the mail? Was the summons from an actual court that listed a case referencing this company or was it something that the collector sent to you directly?
It sounds like you are a little bit shaky on the validity of this debt and thinking that you may have paid it off in the past. Do you have any proof showing that the account is closed and paid? If you honestly believe that it was paid off, get in contact with the orginal creditor and see if they have any insight.
If this is a legit summons, make sure you answer. If you do not, a default judgement will be made against you in their favor.
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debrag_25
Joined: 10 Jan 2007
Posts: 201
Debtcc Points: 2887
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| Posted: Thu Feb 07, 2008 12:44 pm Subject: |
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Yes it was served from the sheriff. I don't have any proof that I paid it either which is bad on my part. I would like to respond but am unsure of what to say. I will deny it until they can provide proof that I owe the debt. It sucks cause right now I am disabled and have no income to pay it off if in fact I do owe it.
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pokertramp
Joined: 07 Feb 2008
Posts: 72
Debtcc Points: 1361
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| Posted: Fri Feb 08, 2008 11:26 am Subject: |
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When you originally paid it, did you pay by check or money order? If you got a money order or cashier's check from your bank, they can look up the date and amount and possibly get a serial number and copy of the cashier's check you purchased. Then you can trace to see if it was negotiated or not. It's a lot of leg work for you and the bank, but would be worth it.
_________________
I'm all right, Jack. Keep your hands off of my stack! - Pink Floyd
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swedishgirl
Joined: 28 Sep 2006
Posts: 326
Debtcc Points: 3460
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| Posted: Fri Feb 08, 2008 12:27 pm Subject: |
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Find out what the Statute of Limitations are for your state. If the debt was from 2002 and they didn't sue you till now, they may have passed the SOL. Check around the formus here for the SOL listing for your state. If the SOL has expired, then you have what is called an ABSOLUTE defense. That means that no matter what, you win the case - and could possible counter-sue for defamation of charachter.
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baalman
Joined: 07 Feb 2008
Posts: 1
Debtcc Points: 30
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