Can soneone answer this

I think I figured it out. I researched the time line in my head. on 8/22/01 I won $5,000 on Powerball.
I still play the same numbers 20-28-30-36-39 pb-10
they came out 02-28-30-36-39 pb-10. the Jackpot was huge too, around $250,000,000. I was kicking myself because I didn't play the bonus ball for another $1.00, I would have won $15,000. My girlfriend at the time MADE me pay it off.

I am wondering if it was done internally at Emerge. What I am saying is, they put the 5 and only 5 small charges on there so they could try to collect more money on it. I KNOW I PAID IT OFF!!!!!!!!!! How do I prove it??????????????????????????? I called Emerge and they told me to call Global Acceptance Credit Corporation. GACC told me to contact Norfolk Financial Corp. None of these places have any information except

1. my SS#
2.the account#
3.My name address and telephone number.
They have nothing with my signature and I was already told that. They have no agreement that says I opened the account. Now is the CA still liable for their acts?

well I was close. I also won $10,000 on a scratch ticket in 2000. I went to Montreal for memorial day weekend, with my parents and my girlfriends family. I paid that bill of the first week of June in 2000.

If they have filed a case against you already then you have to answer the summon. You can dispute the case even in the court. But if you don't respond to the summon, they will get the judgment against you. Now the question is, have you received the summon from the sheriff's office? or, its just what they have told you??

I'm not sure whether the statement they have sent you qualifies as the validation of debt or not. They need to validate the debt before filing the case at the court of law. Just wait for someone more sensible to come and post in this thread. Good luck!!

yeah I called the court to make sure the docket# is active.

I never had contact with these people before. I only disputed it on my credit report, thats when they sent the credit card statement and they filed suit.

Welcome to the forum, you said you paid it off in 2000. Did you pay it off by check, debit card, credit card, bank draft, or some other certified medium (such as cashier's check or money order)?

Also if the last payment you made on this account was in 2000, it may be past the statute of limitations. If you could please tell me what state you live in I'll check the SOL for your state. If it is indeed past the SOL then you can use that alone to get it dismissed with prejudice.

I called my old bank that I think I paid this with. It is going to cost me $20 hr to go threw the old statements for my checking account to show I made the payment. Plus $5 per copy. Going now to check on it. Pray for me please.

I'll pray for you but I'm sure you'll be able to locate the item in question.

OK as far as my old bank, I had the account from 8-29-01 to 9-21-02. So that means I paid it off at or before
9-21-02. It it going to cost me at least $150 to get my old bank statements. The only problem is I don't remember if I paid by phone or not. I might have sent Western Union or Money Order. I Don't have that kind of money right now and I can barely make the minimum payments on my 3 credit cards I have now. I only get $300 a month from emergency aid while I am having radiation.


I also got a letter today from the attorney reminding me of my court date. They want me to resolve the matter by telephone. She said she is authorized for a significant discount or payment plan.

They have a payment slip on the bottom asking for $3,092.85 but in small claims they only put $2,000 which is the limit in my state.

I said it once and I will say it again, I paid this bill off and will take a lie detector test to prove it, I will even tell the judge that. I owe nothing.

There's something rotten in Denmark with all this...

I'm not familiar with Emerge or GACC, but I seem to recall Norfolk Financial being discussed on here previously. IIRC, the community verdict was that they're underhanded as the day is long. Lemme see if I can wrap my tired old brain around this thing...

Quote:

Wulf is right, you shouldn't have to prove you do not owe anything. Discovery generally occurs prior to the actual court date, check your county's rules for civil procedure and request the documents in This validation template if they cannot produce said documents you should motion to dismiss with prejudice.

I find it odd that being default as many times as they say, I was only charged about $27 in interest each month for the last 196 days it was in default. It also went up and down in each of those last months. It started at $27 went to $29 then back to $27 again.

Can someone clarify this for me, am I missing something?

It sounds rather strange. Validation would be the best way to get to the bottom of it. It may not hurt to request what rate of interest they are charging.

Without more of the file than what I've seen, and access to the terms of the original contract, there's no way I can confirm or deny the accuracy of what they're claiming. That's the purpose of validation.

When was your due date?

Quote:

:?:
You posted this:
????
By the [supposed?] dates, this is about two weeks' entries. There's a hell of a lot missing here, besides a due date.

Your right guest, federal law does mandate charge off s/p 180 days delinquency. I'm surprised I didn't notice that. Good catch! After 180 days delinquency it should have been charged off with no further late fees or over limit fees, only interest should have been charged if allowed for in the original contract.

some credit cards charge off after 200 days. i think sears citibank cards charge off at 210.

FDIC states that when a close ended loan exceeds 120 days delinquency or when a open ended loan exceeds 180 days delinquency they must be charged off.

I think you do have to prove that you do not owe anything JC

you go master unc! :( :( :(

Guest, the purpose of debt validation is not only proof that you owe a creditor money, but also that they legally own/manage the account and have legal right to collect upon it.

The debtor does NOT have to prove they paid. The CA is required to prove everything. It sounds like what they sent was just in house generated information and that is not even close to validation. They need documentation from the OC such as statements..they didn't even send you actual statements! Definately motion for discovery and get all that information, which I bet anything they can't provide. Then you have the case dismissed with prejudice.

The debtor does NOT have to prove they paid. The CA is required to prove everything. It sounds like what they sent was just in house generated information and that Quote:

Exactly.

It seems like I can have them for extortion, Defamation of character, all the fdcpa and FCRA violations not to mention The DCL's of my state, which states that a debt collector cannot put them selfs on a persons credit report, but with permission from the original creditor, they CAN report on the original creditors trade line. I have been up till 3 am every night trying to find help and information, I am stressed and I am in pain over this.

I would say at this point you should let the collection agency know of this law and ask them to comply, if they will not then follow your State DCL procedure for civil action.

I did tell her the law and she talked over me like a debt collector, she is supposed to be an attorney. She said she knows the law better than me and I am wrong and can't wait to get me in court.

I am calling my attorney tomorrow and set up an appointment. I will motion that we take it out of small claims and transfer to civil docket.