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Advice Seeker, Help Please!

Date: Thu, 05/03/2012 - 10:59

Submitted by amh8907
on Thu, 05/03/2012 - 10:59

Posts: 3 Credits: [Donate]

Total Replies: 4


I have received several calls from the Michael J. Scott Law Firm. I only found out they were trying to contact me because someone showed up at my mom's house to serve me papers. They had a different address for me at a place I had actually been living at until recently. I don't know how they got my mother's address or why they didn't try contacting me where I was actually staying. I contacted them to find out what they wanted. Now they are calling me and when I answer there is no one on the line. As far as I know I never received a debt verification request letter from them. I'm not sure whether they ever sent one or not since they never contacted me where I was living. I'm not sure where to go from here. I've talked to two different people at the firm and each gave me a different amount to pay to make a settlement. I am a stay at home mother of 2. I haven't worked in over a year and they know this. I spoke to the server who went to my mother's house and she informed me that since I no longer live in that county they have to refile papers to serve me. I have been trying to work with the law firm to avoid going to court but without me working any amount they give me is too much for me to be able to afford as I would have to borrow the money from someone else to pay them. I told them I can't afford the amount they are wanting and now they call and don't respond when I answer the phone. They won't leave any messages if I don't answer either. Does anyone have any advice for me? Does anyone know what happens if they do take me to court? Also the debt they are trying to collect on is from an old Capital One credit card. I have spoken with Capital One and was advised any payment has to go through the law firm so I know they have the right to collect the debt. Capital One also advised me the account was charged off Nov 2009. Can they take me to court if I never received anything from them?


Do they have your current address?? They will probably serve you at the new address. If they are not able to, depending on your state law they could serve you by mail or publication in your local newspaper.

They can and will still sue you even though you are not working. If your name is on any property (land) they will get a lien on it. They could levy your bank accounts as well. Basically with the judgment depending on what state you live in, it gives them up to another 20 years to collect.


lrhall41

Submitted by SOAPLADY on Thu, 05/03/2012 - 11:40

( Posts: 17315 | Credits: )


Hang on, you said that the debt was charged off in November 2009? That isnt when the SOL begins--it begins when the account first became past due. It could have been past due for months before it was charged off. It will probably still be within the SOL, but it never hurts to be certain of exactly when this account's last payment was in fact made.

Also, you need to watch this debt collector like a hawk. They may tell you that they are going to refile in your county, but then they may push for a quick default judgment where they already filed. You need to check with the court clerk's office in the county where they already filed to make sure that they have dropped that case. If they do not, you need to take action ASAP to make sure they dont improperly win a default against you.


lrhall41

Submitted by skydivr7673 on Sun, 05/06/2012 - 17:46

( Posts: 2036 | Credits: )