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Does This Sound Right?

Date: Fri, 10/02/2009 - 09:48

Submitted by anonymous
on Fri, 10/02/2009 - 09:48

Posts: 202330 Credits: [Donate]

Total Replies: 2


We are now disabled and are now living solely on disability. My wife had a Target account that has gone unpaid. The first missed payment was January, 2009. In April, it was sent to one of their collectors who made very little effort to collect. They called a couple of times per month until June, 2009. At that point, a lady called and said they were going to sue my wife (she owes $3800.00).

In early September, a lady called from the same collector to confirm that my wife had been served with a summons, which she had not. I asked her the date of service and she told me that it was August 5 at 7:51 PM, at our home. There is no question that we were home. There is also no question that we were never served. I asked her whether my wife was personally served and she said "no, she was 'sub served' ". I asked who the substitute was and she was unable to answer. We have not heard from them since. I checked the local courts (small claims, superior, etc.) and there are no pending cases against my wife.

Does this sound right? Should there not be something in the mail? I get the feeling that someone was trying to jack us around.


ya, it sounds fishy to me also. 1. it is extremely rare but not impossible to be sued that quickly on an unpaid account. 2. There is no lawsuit filed in your local courts. Make sure you document everything that is happening and what they are telling you. Soaplady is correct, this sounds like some pretty big FDCPA fines if they are not a licensed lawfirm in your state and they are claiming you are being sued when they are in fact not doing anything of the sort.

If you can get them on 5 or 10 violations, you can probably get a naca attorney to take your case on contingency. Or use the fact that you have 10,000 in documented violations against them to lean on them a bit for a better settlement.


lrhall41

Submitted by Damon on Fri, 10/02/2009 - 10:00

( Posts: 80 | Credits: )