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Help with debt im being sued :(

Submitted by on Tue, 08/19/2008 - 11:41
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OK im new here. :D

I had a credit card's i went delinquent on in 2006 and now im trying to get out of debt.the biggest one is.
A emerge mastercard 4500 limit now Midland funding llc owns and is suing me for 5700 ive called twice and tried to get a payment plan but they want full setlment upfront.also each time i call they give me a different number on what i owe.IM trying to avoid going to court with nothing in hand to defend myself as Im single and supporting my sister and her daughter.i Own the house we live in but ive tried to get a loan but No bank will give me one. :( I was served the other day.(guy just stuffed it in my mailbox and left)And have to be in court on the second.Also the letter came with a notice to defend but the letter doesnt go to the courthouse it goes to the lawer.Should i bother sending?


Find out exactly how much you owe, cause the interest froze on the day it went to Collections, then, was it a mailman or truck or Joe Shmoe who put it in your mailbox (without your signed name that you actually received anything?) Ask someone at legal aid if it is valid,cause it sounds like a crock of %$&# to me.


Submitted by on Wed, 08/20/2008 - 20:59

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You say you were served a summons but are you absolutely sure this is a REAL summons? I would call your county court house, there has to be a case number on that summons, authenticate it before you do anything. Another question, did you ever receive a dunning letter? If you've moved to a different address in the past two years a dunning letter may have been sent to an old address. I would definitely check with the court house first. :wink:


Submitted by Shazzers on Wed, 08/20/2008 - 21:17

Shazzers

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Quote:

Find out exactly how much you owe, cause the interest froze on the day it went to Collections


That is not entirely correct. Interest can continue to accrue if the orignal cardholder agreement stated so. Late fees and over the limit fees should cease after charge off.

What state do you live in? Some states allow "nail & mail" so depending on the state you are in that may be legal. Check here:

http://www.serve-em.com/servicemap.html


Submitted by NASCAR_Devil on Thu, 08/21/2008 - 04:11

NASCAR_Devil

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