Is this legal?
Date: Thu, 02/07/2008 - 08:38
I think there are a few questions that need to be answered first
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.
Yes it was served from the sheriff. I don't have any proof that
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.
When you originally paid it, did you pay by check or money order
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.
Find out what the Statute of Limitations are for your state. If
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.