Help in TN with California Commercial Capital
Date: Mon, 04/18/2011 - 21:17
I was one of the thousands that fell for Cash Call in 2007, it was written off in the amount of $5075.00 as of 08/2009 per my credit report. The account was then sold to California Commercial Credit, CCC listed on my credit report it was opened with them on 05/2006 and then last reported as a collection acct with the credit limit/original acct bal being $5829.00. I never heard anything from this creditor until 12/3/2010 through their attorney telling me to pay $10,079.93 which included a creditor bal of $4,898.71 as of 11/26/2007 or they would issue a civil warrant. I sent a VOD and received a copy of the contract from their attorney Grisham, Knight and Hooper in Chattanooga, TN, but it did not show a hand written signature or a electronic signature. A civil warrant was handed to me on 02/07/11 with a court date of 4/29/11. I have gone to the court house and filed my sworn denial. This is what is on the civil warrant " $4898.17 due by acct as of 4/29/2011, plus prejudgment interest accruing at 35% per annum, which is requested to be $5,871.74 as of 4/29/2011 and credits of $0.00 for a total requested judgment of $10,770.45 as of 4/29/11 plus interest from 4/29/11 to judgment plus any private process fees and costs of suit." Now nowhere in my "contract" shows that a % can be sought if acct is sold or written off. My "contract" was with Cash Call not CCC. Can they seek such an amount? I do agree however that I do owe the $4898.71 but not all of these other fees. I am thinking of sending them a settlement offer of $2500.00 to be paid over 24 months. The lady from the Clerk of Court was nice enough to tell me about a "Motion of slow pay" or how to do an appeal. Can anyone help me with ideas. I cannot afford an attorney only the free consultations. I plan on telling the judge that I do owe the original bal but I have no contract with a junk debt buyer.
A proper validation letter ought to be signed. Send them the set
A proper validation letter ought to be signed. Send them the settlement letter and see what happens.