McCullough, Payne & Haan
Date: Fri, 05/04/2012 - 08:59
I'm not one to shun my responsibilities; however, I had to go back to school to get a second degree just to be able to put off paying my school loans because I absolutely have no extra money to live off of. I bring in 700 dollars a month if I'm lucky, I'm currently living off of mostly school loans.
The Capital One account was given to a bottom-feeder collection agency/lawyer in the past. They tried to serve the papers at my mom's house, but I didn't live there anymore so they couldn't serve me. They eventually passed the account on to McCullough, Payne, & Haan. My mother just called to tell me that they served me at her house today and left the papers there. According to a lawyer I've dealt with in the past for collection agency abuse, he said they cannot serve me unless they give me the papers personally. Furthermore, this is the first communication that I recall getting from this company.
I can't go to court. I can't afford a lawyer, nor can I afford to pay them anything. My mom suggested calling them up and offering to make payments towards the 1999.01 they are willing to settle on, but I could only offer them like 25.00 a month at the most. From what I've read in the past, they would not be willing to work with an amount like that. Furthermore, if they do decide to work with it I'm deathly afraid of giving them any money because I've seen problems with other collection agencies and their shady tactics. Like I said, I'm currently living off of school loans. I have absolutely no money to my name other than my educational loans. Please help. Guidance or suggestions absolutely welcome.
Additional Information
I might also add this information about the statute of limitations in the state of GA:
Georgia (GA)
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[COLOR=#000000]State Years State statute Source Georgia 4 years* 9-3-25 [URL="http://law.justia.com/georgia/codes/2006/9/9-3-25.html"]State law[/URL] *In January 2008, the Georgia Court of Appeals ruled (Case No. A07A2338) the statute of limitations on an unpaid credit card bill was 6 years. The ruling doesn't change state law, but sets a precedent that future suits may cite. [/COLOR]
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I know for a fact I have NOT used this credit card since 2008. The last collection agency/lawyer responded to my validation letter saying the last time I used it was 2010 which is a lie. So technically, the statute of limitations is up on this card unless it the last collection agency/lawyer restarted the time somehow? I'm not sure how this all works. Also, if I was served papers is it too late to do a debt validation letter considering this is my first communication with them??
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Quote:The Capital One account was given to a bottom-feeder colle
Quote:
The Capital One account was given to a bottom-feeder collection agency/lawyer in the past. They tried to serve the papers at my mom's house, but I didn't live there anymore so they couldn't serve me. They eventually passed the account on to McCullough, Payne, & Haan. My mother just called to tell me that they served me at her house today and left the papers there. |
Didnt your mom tell them you didnt live there???? Why did your mom accpt the papers? You have not been served if they didnt serve you at your residence.
Quote:
According to a lawyer I've dealt with in the past for collection agency abuse, he said they cannot serve me unless they give me the papers personally. |
Wrong....any adult over 16 can be served on your behalf. Depending on state law they can also serve you by publication or mail.
Quote:
Furthermore, this is the first communication that I recall getting from this company. |
Do they have your correct address? First notice would have gone to the address on file.
You can notify the court that you have not been served. Or just show up in court since they are just likely to turn around serve you at your new address. Unless you settle or pay it off full, they will get their judgment. They will not want to accept $25/month.
McCullough, Payne, & Haan
The last known address they have is my mom's. I told my mom that she shouldn't have accepted the papers because I no longer live there. She said the Sheriff asked her to take them and she told me she did because she was not going to argue with a Sheriff.
The statute of limitation laws in the state of Georgia say 4 years on the law books. There was an asterisk side note saying that in court, they have quoted 6 years, but the law says 4. The last time I used the card was 2008. The last collection agency/lawyer who sent me a response to my debt validation falsely bumped the date up to 2010. Does this change the statute of limitations somehow?
Also, what should I do? My parents do not recall me getting a letter from these people at their house. This is indeed the first communication with them. Like I said, I'm living off of school loans. I don't know how to proceed from here.
Too Late for Debt Validation?
At this point, is it too late for debt validation? This is the first communication I've received from them. I never had the opportunity to ask for validation.