WINN AND SIMS Picking up OLD DEBT
Date: Thu, 05/17/2007 - 00:14
Quote:they've raised the price and now want to make her pay a ap
Quote:
they've raised the price and now want to make her pay a apr on the balance |
If she was served, she should check with the court to see if the case is still pending. It is a sneaking suspicion that they've obtained a default judgement...attorney fees/court costs, and statutory interest are usually a package deal with judgements.
Her payment has restarted the SOL, assuming the case was dropped.
She can always send a DV letter. There's a link in cajun's signature. If they have obtained a judgement, a copy of the judgement is considered validation, for the purposes of collecting on the judgement.
ok cool thanks, I told her she needs to call the county clerk an
ok cool thanks, I told her she needs to call the county clerk and check to see if its real, and i'll print her out a DV letter too...I'm just lighting up the forum today..
BTW, why in your original post is served in quotation marks?
BTW, why in your original post is served in quotation marks?
She told me some woman came up to her and said you've been serve
She told me some woman came up to her and said you've been served and handed her some papers
Ok...so were they official court documents, or did they just loo
Ok...so were they official court documents, or did they just look like it?
If they were court docs. then have her check with the court about the status of the case (again, I'm thinking they already obtained a default judgement, since you said it not only got pricier, but has an interest rate, too).
If they were papers doctored to look like the real deal, then she needs to find an attorney. naca.net would be a good starting point.
They look pretty real but I've never seen any so I don't know. I
They look pretty real but I've never seen any so I don't know. I will have her call later today.
so she sent them a settlement letter and they never responded ba
so she sent them a settlement letter and they never responded back to it, she sent one again yesterday with a delivery confirmation on it so we will see if they respond to that, I believe they have a judgment on her so....yah
Wow, this might be a longshot, but it might work. I would fight
Wow, this might be a longshot, but it might work. I would fight it based on the SOL, personally. If she was legitimately served, and the summons was real, then this CA tried to collect a debt that was past the SOL by means that are not allowed by law. They are not allowed to sue someone if the SOL is expired. It seems that the only reason she paid them was because of the summons. They used an action that they could not legally take to scare her into paying. You might be able to get a judge to see that, but I am not certain. Your friend needs to speak with an attorney on this--that might be the best avenue to take. A CA is allowed to continue trying to collect on a debt that is past SOL, but they cannot sue you over that debt. If she has any kind of documentation about them agreeing to keep it out of court, that will be helpful as well, as it does sound like they kept the court date on and got a default judgment.
Also, when asking for validation, more than just the judgment is required. In a default judgment, the CA doesnt even have to prove to the court that they legally have the right to take action against you on this debt--they get a judgment in their favor simply because you did not show up. It could even be that they dont have the legal right to collect on this debt, so when demanding validation, it is a good idea to request all of the information that the law allows.
winn and sims is doing the same think to me now 09/01/2010 they
winn and sims is doing the same think to me now 09/01/2010 they say i owe on a credit card thay was paid off in 2004 i paid off that credit card already with another law firm it came out of my pay checks each week winn and sims has the same case number as the old law firm. they are trying to collect twice. they are taking money out of my check eapay period after telling they that it was already paid. i have my hr person at work trying to work on it Drew with winn and sims wont work with her. something it not right.