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 Posted: Thu May 17, 2007 12:14 am Subject: WINN AND SIMS Picking up OLD DEBT |
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Guys I have a problem, a friend of mine had a Credit card with Capitalone, she didnt pay, it past the SOL and some attonery contacted her job and got all her information from the HR Department, about a week later she was "served" on the weekend at 8am, She agreed to keep it out of court and to start paying on it. She paid $1000 and then monthly payments of 175, they've raised the price and now want to make her pay a APR on the balance she owes to them now...Is there anything she can do? They just sent her something with a higher payment and they want her to sign and return it with-in 15 days....Is it too late to try and send the DV or what, I'm completely lost at this! Oh and I can't find where I can sign up so if you could send a email to me email address removed as per forum rules - Mike on how to signup so i'm not always a guest that would be helpful too...Oh and the company is Winn and Sims damn butt holes!
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d2dtk.
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| Posted: Thu May 17, 2007 12:42 am Subject: |
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found out how to make an account yay!
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d2dtk
Joined: 17 May 2007
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| Posted: Thu May 17, 2007 1:53 am Subject: |
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| Quote: | | they've raised the price and now want to make her pay a APR on the balance |
If she was served, she should check with the court to see if the case is still pending. It is a sneaking suspicion that they've obtained a default judgement...attorney fees/court costs, and statutory interest are usually a package deal with judgements.
Her payment has restarted the SOL, assuming the case was dropped.
She can always send a DV letter. There's a link in cajun's signature. If they have obtained a judgement, a copy of the judgement is considered validation, for the purposes of collecting on the judgement.
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Morningstar
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| Posted: Thu May 17, 2007 1:57 am Subject: |
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ok cool thanks, I told her she needs to call the county clerk and check to see if its real, and i'll print her out a DV letter too...I'm just lighting up the forum today..
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d2dtk
Joined: 17 May 2007
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| Posted: Thu May 17, 2007 2:03 am Subject: |
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BTW, why in your original post is served in quotation marks?
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The only people with whom you should try to get even are those who have helped you.
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Morningstar
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| Posted: Thu May 17, 2007 2:13 am Subject: |
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She told me some woman came up to her and said you've been served and handed her some papers
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d2dtk
Joined: 17 May 2007
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| Posted: Thu May 17, 2007 2:25 am Subject: |
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Ok...so were they official court documents, or did they just look like it?
If they were court docs. then have her check with the court about the status of the case (again, I'm thinking they already obtained a default judgement, since you said it not only got pricier, but has an interest rate, too).
If they were papers doctored to look like the real deal, then she needs to find an attorney. naca.net would be a good starting point.
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The only people with whom you should try to get even are those who have helped you.
-John E. Southard
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Morningstar
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| Posted: Thu May 17, 2007 2:30 am Subject: |
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They look pretty real but I've never seen any so I don't know. I will have her call later today.
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d2dtk
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| Posted: Thu May 24, 2007 11:50 pm Subject: |
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so she sent them a settlement letter and they never responded back to it, she sent one again yesterday with a delivery confirmation on it so we will see if they respond to that, I believe they have a judgment on her so....yah
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d2dtk
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| Posted: Fri May 25, 2007 4:48 am Subject: |
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Wow, this might be a longshot, but it might work. I would fight it based on the SOL, personally. If she was legitimately served, and the summons was real, then this CA tried to collect a debt that was past the SOL by means that are not allowed by law. They are not allowed to sue someone if the SOL is expired. It seems that the only reason she paid them was because of the summons. They used an action that they could not legally take to scare her into paying. You might be able to get a judge to see that, but I am not certain. Your friend needs to speak with an attorney on this--that might be the best avenue to take. A CA is allowed to continue trying to collect on a debt that is past SOL, but they cannot sue you over that debt. If she has any kind of documentation about them agreeing to keep it out of court, that will be helpful as well, as it does sound like they kept the court date on and got a default judgment.
Also, when asking for validation, more than just the judgment is required. In a default judgment, the CA doesnt even have to prove to the court that they legally have the right to take action against you on this debt--they get a judgment in their favor simply because you did not show up. It could even be that they dont have the legal right to collect on this debt, so when demanding validation, it is a good idea to request all of the information that the law allows.
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skydivr7673
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