I was served back in Feburary 2011 AT WORKED! I was served with a summons from a junk debt buyer. Looking to get over 7k outta me for a 2,000 credit card. I have responded to all their papers. I have repeatedly asked for a copy of the contract I have signed so I could see if it was over the SOL, but they have failed to send me a copy. I've asked over the phone and by mail and still nothing.
I've been dealing with their collector guy over the phone to get this settle outta court. I did not want a judgment against me at all!
Let me say this first...This card was opened in 2005 I live in Arizona and know the SOL is 6years but without the contract I can't use that! I've NEVER recieved anything on this card from 2005 til Feburary 2011 when I got served with a summons about it! Had I recieved anything I wouldn't be in this situation. Anyways...back to the collector guy!.
So I'm speaking with this guy back and forth over the phone. STUPID I know. Should have been mailing or emailing him but I did not know this since I've never been in this situation before. So we come to an agreement of low monthly payments do this all outta court and I want it all in writting! He sends me the papers...Looking them over and they agree to the amount and monthly payments but STILL putting a judgment against me! NO NO NO not what we discussed over the phone. So not I email em offer them same price, same monthly payments in return they don't file for a judgment unless i miss or default on an account....win win situation for them right?!?! I thought so...But found out today they denied it and are going forward with going to court. My court date in Monday 5-16-11 What can I do? I've tried working with them since Feburary and they've done nothing but mislead me in the wrong direction! Like the collector guy told me last week...."A judgment isn't the end of the world"! UGH! it is to me! Someone help me! How or what should I do at my pretrial conference! please I need help ASAP