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whats the likelyhood of winning against a collection company

Date: Sun, 03/09/2008 - 21:38

Submitted by anonymous
on Sun, 03/09/2008 - 21:38

Posts: 202330 Credits: [Donate]

Total Replies: 12


I plan to show up in court and tell the judge that I had offered different payment amounts and negotiate with the company but nothing was ever good enough. I basically just told them I couldn't afford more than $100.00 a month.1st I offered $60 than $75 but then they basically told me if I wanted to avoid being sued I had to have the $2600.00 balance paid off within one year (thats more than $200. a month). I didn't know what to do after that. I got a summons so I plan on going. The original balance was 1600.00 bfore going to collections....it jumped over 1000.00 in collections. So basically I was wondering what may happen....I have never been to court before and don't know what to expect. Thank u for any advice...Angie


Welcome to the forum Angie, let's start out with a few questions first and we'll go from there.

1. What type of debt is it?
2. When was the last time you made a payment on it?
3. What state do you live in?
4. Who is the collection agency?
5. Who is the attorney/law firm?

Also I would suggest contacting your county court clerk's office to see if the docket number is real.


lrhall41

Submitted by JCEMT on Mon, 03/10/2008 - 05:27

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1. What type of debt is it? credit card debt...capital one 1600 original after cc got it it went up to 2700.00....
2. When was the last time you made a payment on it? maybe july of "04"
3. What state do you live in? Michigan
4. Who is the collection agency? same
5. Who is the attorney/law firm? Weltman Wienburg and Reis

Whats funny (don't know what a judge may think) is that cap one gave me an auto loan for 12,249.00 just this past April....why in gods name would they do that if they were planning to sue over my credit card debt???????


lrhall41

Submitted by on Tue, 03/11/2008 - 20:25

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I would suggest requesting validation of the debt during discovery. If they can't validate it then request for it to be dismissed with prejudice. I would suggest you seek legal council for this case, you can start at naca.net

Also, the statute of limitations for this type of debt for your state is 4 years. So in July of this year it will become a time barred debt.


lrhall41

Submitted by JCEMT on Tue, 03/11/2008 - 20:29

( Posts: 2934 | Credits: )