update and even worse news - could really use some advice

Date: Wed, 02/28/2007 - 13:12

Submitted by inferiority13
on Wed, 02/28/2007 - 13:12

Posts: 40 Credits: [Donate]

Total Replies: 15

We sent out debt validations to the lawyer who is suing us. His associate called today, almost three weeks after we attempted to call the lawyer directly, threatening my husband with judgment. He claimed that, in two weeks, they will be passing judgment on my husband, so he better pay it now or else. He also yelled at my husband, accusing him of not having a job and "laying around on his ass all day". My husband hung up on him after that, then called the clerk of courts. She redirected us to the magistrate, who told us that there isn't a court date, but that the lawyer had no obligation to validate the debt and all he had to prove was that my husband had the credit card, nothing else. Whenever I told her the company the lawyer is suing for sent us a letter saying they do not own the debt, she said that it doesn't matter, because there is a charge-off paper on the back of the summons. The charge-off paper is something I could have printed off myself... it only has a credit line and an extremely large payment amount on it, nothing else. The credit line isn't even accurate, because the card was only for $200 - they're claiming $1000. I asked her if we could have mediation, given if the debt is actually owned by them, and she said no. She said that, one way or another, unless we prove that it was identity theft, there was going to be a judgment against my husband, despite his willingness to work this out and make payments.

We're at a loss for what to do. Obviously we're between a rock and a hard place - we can't afford to pay what they're asking. We were approved for 100% financing on a house that we *desperately* need, so this makes it even worse. If they pass judgment before the loan goes through, we're screwed, aren't we? The place we're at now is falling apart and we really, really, really need to move. I mean, we just don't have the money to pay this in one lump sum. We don't have the money for a lawyer, can't find anyone to help us at all, and I'm just very scared right now that we're not going to be able to move. All of our money is being eaten up by this house and our rent. Our income taxes had to go to replace the furnace and redo the plumbing, because it froze and exploded. It came down to either heat and plumbing or paying this damn lawyer for a debt he won't even bother proving he actually has the right to claim.

I am so stressed out.

ETA: What is the SOL in Ohio? I'm getting mixed results in my searches - some say six years and some say four years.

SOL in OH is six years. Find out from your previous bank stateme

SOL in OH is six years. Find out from your previous bank statements when you last paid on this account. If the debt is already past the SOL, the lawyer can take you to the court but seeing the debt out of the SOL, the judge will dismiss the case. You have to prove your case with copies of your bank statements and a dispute letter sent to the lawyer's office notifying the expiry of SOL.