CC Collection

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atvoffroadv

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I have a past cc bill that has been turned over to a coll/atty's office, they have taken me to pretrail twice now and now we're going to court. They have submitted documents to the courts stating I haven't been paying and on both meeting I proved I have via checks(cashed) and a leeter from my brach mngr from my bank. Why/how can they do this and still take me to court?
They keep saying the amount I've paid for 2 (+)yrs. now isn't a agreed upon amount. and they what a lump sum with court costs and interest! for a total of 5,000.What are my legal rights with this before court and during court?
I've paid very month the same amount or more if able and never missed one to date
 
THere appointed atty/rep. said it wasn't an agreedupon amount my them and that there not a collection company. and would only take full payment.Also to date they show no record of where my payments are going/ but did say they are receiving them!
My court date is set for the (2nd)wk of Jan '09.
 
My guess is that the firm filed suit and wants to be reimbursed. You paid the bill but after the suit was filed. They might be saying "sure, you paid the bill and I think the creditor has received their amount but we want to be reimbursed for our collection efforts."
 
We've been paying the same amount for yrs. now and we have never been told the total amount even the other day in the pretrial they only said 5,000. but our bal. was never that high/amount with the creditor.
I'm guessing they are looking for us to pay the court cost and then some along with the bal. of the bill.? Also how can they bring this to court if we've been paying monthly? all there p/w they submit at court only reflects bal. from '04 and that we're not paying! but when we provide our p/w showing difference, there rep. is shocked. I'm still confussed with why the court action and what I can expect from the judge in Jan.?
Also thank you for all asst. with this matter
 
I don't understand. Why would the opposing counsel and rep just be shocked and not do anything? If what you're saying is all true, I'd counterclaim for damages against the firm for a frivolous lawsuit. Doesn't the judge see this? I'm thinking that we are missing a big piece here. Look at the complaint and see what is in there and why the plaintiff feels justified. Perhaps you could be right, I don't know.
 
thelawprofessor said:
I don't understand. Why would the opposing counsel and rep just be shocked and not do anything? If what you're saying is all true, I'd counterclaim for damages against the firm for a frivolous lawsuit. Doesn't the judge see this? I'm thinking that we are missing a big piece here. Look at the complaint and see what is in there and why the plaintiff feels justified. Perhaps you could be right, I don't know.
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The only paper work that they have received from them and the clerks office is copies of old statements back in 2004 before it was sent to the collection agency CACV of Colorado. On the paper work it states that i have not paid the cc. At the Pretial hearings i have provided them with info showing that i have made monthly payments and a letter from my bank stating the checks have cleared. There were two different people at each meeting and they both seem to be shocked about me making monthly payments and were not aware that i was. At both meetings i had giving them a copy showing i have made payments. The first lady that was there said , me keeping track of the payments was the best thing for me to do. The 2nd lady was shock but didn't realy seem to care but she did ask me for a copy. It doesn't seem like the Law Office is telling these people that are representing them everything. Beucase when i called the law office i asked them about my payments, they told me that they have received them however they are unauthorized payments and they are coming in later. Now i have never set up a payment plan with them. So i don;t understand. Also the last retrial hearing i had, the lady told me that i can't make monthly payments because this is only rset up for full payment. Yet the last and only letter i received from the Law Firm, states that all payments can be sent to their office and include the file number so it gets applied to the correct account. Which i have been doing. I'm think they want all the money now and they want me to pay for court frees.. I don't think the judge is aware of that i have been making payments to them on a monthly basis. I have never seen them give the judge anything and even say anthing to the judge about it. I don;t think they are telling the judge the truth about everything. Becuase if i'm sending them money, how can they still file a law suite against me and not tell the court that they are receiving money from me. Is there any way for me to get paper work that they are submitting the courts, incase there is somethign different form what i have. Also is there any way that i can give the judge the paper working showing i have made payments to them or is this something i have to wait until the court date? Thank you for all your help!...
 
I don't know the details here and there is some confusion. In your instance I would likely make a motion to dismiss and request court costs from the court. There is no dispute. If all amounts were paid, and you can attach the proof in the exhibit, it's game over. That will force the judge to make a decision.
 
Some confusion, I still owe a amount unsure of the total since they only say 5,000.. But my payments for the past (2)yrs. plus don't reflect anywhere in this amount nor court papers they provide. only that I haven't paid since '04!
Everyone I've spoken too say's they are tring to pull something over me and the courts,because I've been paying this debit monthly and will keep doing so until it's paid in full. That they are submittly false p/w to bring it into court as a scare. how would the courts allow such a filing if I've been paying? and how can they submit p/w with wrong information?
 
That's the part we can't seen to understand about this company/atty.????
We've been making payments all along and now they are taking us to court!
We spoke with them again today, and there reply to us was again our payments for the past (2)yrs wasn't a agreed upon amount and they what full payment and that our past payment haven't been applied to our account!!
But that they are receiving them and processing them! To what they wouldn't give us and answer!!!
They also informed us today that they will not be there at court but will be on they phone during the case! We find these strange since they are a local company in Florida.. How can a co/atty's office take someone to court when payments are being sent and received and processed?
And there case in based souley on the fact it's not an agreed amount with them?
 
OK... now I understand what the problem probably is. You were late once and defaulted. The company claims that your "payment plan" was nothing more than convenience as they can still take you to court for the full amount at any time due to the default. The "agreed upon amount" is not a new contract since you didn't provide any "consideration" or anything of value in order to make this new deal. All you did was agree to pay it back and they said that this will keep them happy until they aren't happy - which they aren't now and need the money. This is my guess.

But most important - LOOK AT THE COMPLAINT. That will state the reason why they are taking you to court.
 
We have checked there reason and in all (3) counts it states the same!
Not ahearing to signed agreement with credit card company.. from '04!!
Is there a way to contact you via phone and explain, so that we may be pointed in the right direction?
 
I'm still not sure I understand what you're trying to say. I don't know if there is or isn't a signed agreement and what that agreement is supposed to say.

Here's what I think. If nobody can explain this to your satisfaction and the opposing counsel and creditor can't either, then you're looking at hiring an attorney to help you with this matter. You can always communicate with the opposing counsel and let them know you're going to file a countersuit and make a motion to dismiss on the basis of a frivolous lawsuit and you'll obtain your attorneys fees as well. Being perfectly honest, it's very difficult to understand what you mean clearly since you state things very vague and your sentences don't quite make sense - "not a hearing to signed agreement..." ???? I'm not sure but there is a communication gap that doesn't usually exist here. You need to take a good deal of time to concentrate on the issue and articulate clearly. As for everyone, time is money and investing time may also solve your problems.
 
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