Paying to creditor regularly. Lawyer comes with court notice

Hi Shirley

How are you? :)

There is nothing to worry on it seriously because you have been regularly paying to your creditors since the last seven months. Show all the proof of your payments made to the lawyer and inform that you have been actively working with your creditors and kept the account current till date.

Some communication was missing between the creditors and lawyers and that is the reason of arrival of these unwanted guests.

Do not get tensed with the legal papers shown to you as you have been fair from your part. You have the proof of the payments made and this is enough to prove your part. Have a talk with your creditors and get this small problem solved soon.

Do let us know the course of your action.

Regards
Roxette

Okay--I am going to call them on monday and try my best to be firm and not let them indimidate me in no way. Tell them that I have made the payments seven months straight, that sams club cashed my original good faith check with letter stating that upon doing so that we had an agreement. And that I have copies of all letters and cleared checks from bank and will gladly mail them copies if they so need.
what if they already know all of this? can they demand the payment in full before november 22? or will they allow me to go on making monthly payments---just under their terms and what they tell me they want? I'm sorry, this is the first time this has ever happened to me and I'm really shocked by it when I feel that i have been trying to do the right thing. I have never gotten a summons, I am a law abiding citizen who just had a hard time and got behind on my bills. I've never even had a traffic ticket, so this was really upsetting to me. thanks! shirley

Shirley

I can understand your feelings. Don't worry. Some lawyers produce papers giving the most legal importance to it.

Read this very carefully

A collection agency tries to recover the debt from you by giving it the most legal importance. He gets a court form where questions about your income and assets need to be listed. Legally, it is known as "post-judgment interrogatories" or "information subpoenas." If they have served you this questionnaire, be sure that they are not having the complete information about your debt and it will be easier to intimidate you. Since these papers list the sanctions and the fines, many people get tensed and fill the form to avoid the legal actions. But if you see it in true sense, the CA attorney has not obtained it directly from the court which should be served after the court notice. This is avoided by most of the CA's as it is too expensive and time consuming.

http://forums.debtcc.com/forums/collection-facts.html

When you are already paying to your creditors, you don't need to pay the same amount to the collection agency. Do let me know your thoughts.

Regards
Roxette

thank you for listening to me Roxette. you're always so wonderful. I was feeling just alittle overwhelmed this morning, but am much more calm now. the papers that I have, are legal court papers with a time and date to appear before the judge. no questions about income or anything like that. Its a suppoena. The only thing I found strange (again, first time I've ever gotten one of these), is that I didn't have to sign anything. the sheriff was really nice, said to contact the lawyer and NOT THE ORIGINAL creditor (he told me all of this on his own), said I am to contact this lawyer from hence forth and no more communication with original creditor. And if I settle with them before court date, to make sure I get it in writing so the court won't be expecting me that day. then he left. is this normal procedures? no signature from me? thanks again for everything Roxette. shirley

The lawyer's call is still very confusing to me especially when you are making payments to your creditors. Check with your creditors if they sold this debt to the collection agency in the past.

Also tell them about this call from the attorney. As long as you are working with your creditors, you don't need to pay anyone else.

should I check with my bank to see who actually has been cashing these checks? would that be of any help to me?

Definitely, the bankers will have the necessary information of who cashed your check. The collectors can only come into picture when creditors don't receive money from you.

thanks hun!!! I will come back and post on monday once I talk to this lawyer and find out whats what. and let you know what the outcome of the phone converation is. wish me luck! :D
thanks again for everything Roxette, you're the bestest! hugs, shirley

8) All the best Shirley, nothing to worry about. Luck is yours on Monday.

Roxette :D

Okay, got on the phone with these people this morning. She said sams club turned the account over to them in march. I pointed out that I have been mailing payments for the past seven months. But she said it wasn't to them, it was to sams club and once they turn it over to someone else for collection they no longer accept anything from you. I pointed out that they have cashed every check. she said I should have been sending the money to them not sams club. so what they want is either paid off in full by court date to dismiss court OR $70 a month until account is paid. After I got off the phone, I thought of a couple of things, called her back and of course, I can't get her on the phone now. Since we have reached an agreement,(she said she was going to mail me something to show we have an agreement of $70 a month until paid off), why can't they call court off?
SHe said that I don't have to go to court (but shes not going to tell me not to go), since its civil court and (in her words), its not like they're going to cart me off to court for not going. she said there will be a judgement but they're going to show that we've reached an agreement. But hubby said 'court server' said unless I get something in writing from lawyers saying I don't have to go, then if I don't go, they will issue a warrant for my arrest. agreement papers wouldn't serve as the same thing? now it feels like I should pay the thing off to avoid all of this but I only have like two weeks to do it and don't know if I can crap up that much money in that short amount of time. shirley

If you have the money and can pay it off, I would just do it and get it out of the way. Sounds like you could be in for a bigger headache if you try and do an arrangement of anykind.

Even if it may cause a little crucnch somewhere else, it maybe worthit just to save the stress.

Shirley

Sams Club has taken money from you since the last seven months. And you have every proof of it.

If the lawyer says that creditors don't accept payments once it is sold to the collection agencies, then you are likely to get a refund from Sams Club. Contact Sams Club and inform them about this situation. If necessary, you should get some help from the attorney also. But you don't have to pay twice on the same debt.

Regards
Roxette

The lawyers said that sams club has been forwarding the payments over to them. I don't understand why they went through all of this. Why didn't they (lawyers) simply send me a certified letter explaining that they had the account and for me to start sending money to them, and that the amount I was sending wasn't enough, that they wanted $70 out of me a month??? wouldn't this have been so much more simplier? I'm still scratching my head over all of this. Then, on the court summons, it says that they're sueing over $723.00 but today on the phone she tells me that my balance is $799.00. then she said that they haven't recieved septembers or octobers payments yet, so that would make the amount $683.00 which are in agreement of my records, but according to hers, it would make it $759. so we're going to have to talk some more on that one before I start sending the payments next month.

Shirley,

Ask the lawyer to give you the complete statement from the month of March. You will come to know the remaining balance that needs to be paid towards this account and then set a monthly figure. That will be easier.

Express that you are not denying to pay it so there is no need of taking the matter to the court. But you will like to have a statement in order to set your monthly budget.

Regards
Roxette

If you have been given a summons 1) if you can find an attorney to assist you do it, at a minimum, show up at the hearing with all of your records (organized by date, copies of canceled checks etc.. You will hav a n opportunity to show a judge what you have been doing, if you don't show up they will be able to obtain a defualt judegment and then can collect on it ie garnishment etc.... No matter what you get from the other sides lawyers, in less you get something from the court showing your heaqring is cancelled, show up preferably with an attorney.. note most lawyers wil give you a 1/2 free consultation and you may be able to have the other side pay your legal bills if you prove the have maliciously sued you.

Okay, you know Lawyers took me to court because they wanted $70 a month and wanted me to send it to them instead of samsclub. I just don't get why they didn't send me a certified letter telling me all of this instead they had to act 'macho'and take me to court _just_because_they_could. So this was in October. I now have a judgement on my report. Since October, I have asked lawyers TWICE now to send me documentation of what my balance is. I wanted to see what the balance was before court and what it was after court cost. I have no idea what my balance is at this time. I'm just suppose to pay the $70 every month and don't ask questions. I figured I would have gotten a copy of the judgment? But have not received any kind of documentation. I have made three payments to them since the judgment. shirley

Call the court clerk and see what you can find out there. He/she should be able to help you.

You should be served with a legal notice to appear in the court 20 days before the hearing. You must visit the local registrar of the court and see if this judgment is legal. Sometimes, lawyers frame the letters sent to people in such a way that it looks like legal. But, actually a legal judgment can be clarified with the local registrar of the bankruptcy court if it's genuine.