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debt collections

Discussion in 'Other Debt, Collection, Garnishment' started by sam84pearce, Aug 19, 2011.

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  1. sam84pearce

    sam84pearce Law Topic Starter New Member

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    i have an old debt of $1200.00 with a bank that i have not received a statement from in over 3 years. about a year ago, i did receive a letter from some law firm that said that they would be persuing collecting this debt. i have not heard from them since.

    last week, i received a delivery confirmation letter from the county courthouse where i not reside stating that the attorneys office had filed a complaint against me for the origional $1200.00 plus lawyers fees plus court costs. i have 28 days to respond to the courthouse and attorney?

    how should i reply to them?

    and what should i say?

    i dont want to pay exorbident fees for a debt that the bank had stopped contact with me.

    what are my legal options?
     
  2. army judge

    army judge Super Moderator

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    Deny, deny, deny!!!!

    Google "general denial small claims court Ohio".

    Do not allow this case to become defaulted.

    Once you respond with your general denial (defendant denies each and every allegation {blah, blah, blah} ), the plaintiff (scamming debt collectors) often file a dismissal.

    They don't want to fight, just scam.

    If they do come to court, you go too, ask them to produce the original credit application or note, signed by YOU!!!

    That usually results in you winning.

    Search this forum, there are dozens of examples of issues like the one you're facing.

    We've given the answer over and over, search and ye shall find, my child.
     
    sam84pearce likes this.
  3. mightymoose

    mightymoose Moderator

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    The debt is YOUR obligation. It is not the bank's responsibility to track you everywhere you go. It was YOUR duty to contact the bank and make your payments.

    That said, do as suggested and deny the debt. There is a very good chance you are not hearing from an attorney, but rather a collection agency, and there may be no actual court date set.

    First- contact the court and confirm a hearing is scheduled. I bet there isn't one. What you have likely received is a threat to proceed to court if they don't hear from you. If that is the case it may be best to simply ignore them. If you confirm that there has been nothing filed in court then you might just want to keep quiet. The more they hear from you the more they will hound you. If there is no response they will sooner go on to the next sucker that takes their bogus threats seriously. They make money by NOT going to court... but that doesn't mean they won't. On a $1200 debt I suspect they won't... but confirm with the court.
     
  4. sam84pearce

    sam84pearce Law Topic Starter New Member

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    i am not trying to get out of this debt, i am curiouse though of my rights to repay this debt. i did some research and found this to be the company law firm and not just some out of state collection agency. i responded to them within the 28 day period that the court required and asked for a total that would pay off my debt including interest. after two weeks they replied by sending me a statement from 2009 with the total owed them. three days later i receive that same thing again, but this time also a letter asking me to sign off the judgement, that has not been ordered by a judge, without a set dollar amount, and to have the judgement set at $110.00 until the account is payed off.

    how should i respond to them?

    do i have to have this settled within 28 days or go to court?
     
  5. sam84pearce

    sam84pearce Law Topic Starter New Member

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    i realise that it is not the banks responsibility to play sherlock, but they stopped sending me statment 6 months before i had a change of address. the us post office will automatically forward your mail for a period of one year. i never got a statement.
    i am not trying to get out of this debt, just wondering my legal rights to fight a judgement and wage garnishment and pay this myself
     
  6. army judge

    army judge Super Moderator

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    Do not agree or commit to anything.

    These are not lawyers.

    These are scammers.

    If you are summoned to court, attend.

    Otherwise, never make a deal with the devil or his minion.

    You will always get screwed.

    Think about it, what lawyer is going to collect (or agree to) a $100 debt?

    None!!!!

    These are debt collectors. They are vermin of the lowest order!




     
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  7. sam84pearce

    sam84pearce Law Topic Starter New Member

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    I just received a letter today from the court saying that I am summoned to appear in court this Monday for a hearing for DEFAULT. The plaintiff is listed as the actual bank, not the law firm that I had previous dealing with. Should i get a lawyer?
     
  8. army judge

    army judge Super Moderator

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    If it is an official court summons, I'd hire a lawyer.

    More than likely, these crooks are using a fake summons.

    But, to be safe, do one or two things.

    One, contact the court clerk and verify that this is a "real" summons. A real summons usually gives you more than a couple of days notice. But, take it to the court and be sure.

    Or, take it to a lawyer and let the lawyer do it for you.
     
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  9. sam84pearce

    sam84pearce Law Topic Starter New Member

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    i received a letter from this law firm about three weeks ago with a legal document drawn up that said i would pay off the entire amount (which was unspecified by the firm) in $120.00 a month untill the debt was payed in full. i had previously contacted the firm by the order of the court and asked for a payoff amount. i planned on paying hte entire balance and interest off. but they never gave me an exact amount, which seams strange to me, since they seem so insistant on trying to get a default/judgement/volentary wage garnishment out of me. i would have been happy on negotiating an settlement with them out of court, but now im a bit pissed off at their lack of ebing willing to work with me. i realize that i am not the "ideal trustworty person," but this seem a bit strange to me.

    im a little short on time to find a good lawyer, so if i decide to represent myself, what should my course of action be?
     
    Last edited: Sep 20, 2011
  10. mightymoose

    mightymoose Moderator

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    If you JUST received the notice it likely is fake, or at the very least was not served within the time limits required by law.
    Your first step, as suggested above, should be to verify the validity of this summons with the court clerk. They can tell you very quickly if you are expected in court on Monday, and can verify the validity of the document you received. It should have on it some sort of docket/case number and have the court stamp.
     
  11. army judge

    army judge Super Moderator

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    These aren't lawyers, these are scammers, con-artists, crooks, "little Bernie Madoffs".

    DO NOT MAKE ANY DEAL WITH THESE VERMIN!

    Would you make a deal with Satan?

    The court didn't order you to contact these bums.

    The court doesn't care what you owe, who you owe, or whether you pay your debts.

    These "bat rastards" are using various "ruses" to ROB you!!!!!!

    Don't dance with the devil!

    Don't be so gullible.

    These crooks will pick your pockets and pick your eyes out your dead skull.

    Wake up.

    You're about to be conned BIG TIME, if you keep dealing with these crooks.

    These are debt scavengers.

    Some paroled "ex-convict" is "working" for these devils.

    They are poised to get into your bank account.

    Trust me, you must avoid that.

    Don't be so gullible.

    Banks don't collect $1,000, $2,000, or even $5,000 UNSECURED debts.

    Debt scavengers do, and if the debt was for $1,000, by the time they are through with you, you'll be out of $5,000, if you're lucky!!!!!

    You may owe Big Bucks Bank, but you don't owe these crooks a dime.

    They bought your old paper for pennies on the dollar.

    They'll try to collect five times, ten times that amount, after investing a mere $10 to buy a useless $1,000 debt!
     
    Last edited: Sep 21, 2011
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  12. sam84pearce

    sam84pearce Law Topic Starter New Member

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    i just contacted the municipal court and they validated the notice of hearing that i just received. the deputy told me that it is for a default of the loan. i mailed a copy of the letter that i sent to the law office to the municipal court as ordered. i have the paperwork that i have received from the law office after contacting them. is this notice of hearing because the court did not receive any paperwork? i also found that the court is a municipal court and its a civil case.

    what does ohio law require for a time limit on notice of hearing? why was the origional notice sent confirmation required and this notice of hearing send regular mail? the deputy at the municipal court did validate the case number and that is about a default on a loan, but there is no court stamp on this notice or the origional notice that i received.
     
    Last edited: Sep 21, 2011
  13. sam84pearce

    sam84pearce Law Topic Starter New Member

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    if i have been in contact with the law firm, and have asked for a payoff amount, how can this debt be tried as default? the origional notice mailed from the court was sent confirmation mail. i mailed my reply to the court and to the law firm. if i have been in contact with the court and the law firm, how can i have defaulted on the loan. i have contacted the law firm and the court as required by the notice. if i can prove that i have received correspondance from the law firm, can i get the judge to move to dismiss on the grounds that i have not defaulted?
     
    Last edited: Sep 21, 2011
  14. sam84pearce

    sam84pearce Law Topic Starter New Member

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    are you saying that i should blow the court off?

    What is the best way to beat these people?
     
    Last edited: Sep 21, 2011
  15. army judge

    army judge Super Moderator

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    Buddy, you're gonna need a lawyer if you want this mess undone. Speak to a lawyer in your area. This forum isn't intended for complex cases such as yours.
     
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  16. sam84pearce

    sam84pearce Law Topic Starter New Member

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    thank you very much for your advice. it is greatly appreciated.
     
  17. mightymoose

    mightymoose Moderator

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    Because you have not paid the debt.
     
  18. sam84pearce

    sam84pearce Law Topic Starter New Member

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    So should I pay an undisclosed amount of $110.00 a month for as long as the collection agency wants?! I complied with the courts ordered contact and requested a payoff amount, which the collection agency failed to provide.
     
  19. mightymoose

    mightymoose Moderator

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    No.
    What I was saying is that you failed to pay the original debt as promised. That is how you defaulted.
    You are suggesting that because you asked a question and did not get a response in a timely manner that you should not be held responsible, but that is simply not the way it works.
     
  20. sam84pearce

    sam84pearce Law Topic Starter New Member

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    I hired a local attorney that deals with judgement cases and thinks I have a very good chance of getting this dismissed
     

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