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Help I am getting sued

Discussion in 'Credit Cards, Credit Rating Repair' started by pepper881, Aug 28, 2018.

  1. pepper881

    pepper881 Law Topic Starter New Member

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    Jurisdiction:
    Massachusetts
    I am getting sued by a law firm for a debt i originally owed to Lowes that was bought by Cavalry. My court date is Sept 5th 2018. The debt turned 6 years old in June 12.
    The amount is 2,100. In March I showed up for our 1st court date and said I wanted proof the account in question was mine and that I owed the amount stated. The case was postponed and a month later I received a bunch of documents of old statements and a letter that said my account was sold to Calvary from Loews. My signature was not present anywhere on any form.
    I tried settling with them today over the phone for 700$ because that is all I can afford but they wouldn't even consider it. This debt was so long ago I have 3 kids can barely pay my mortgage because I am separated from my husband . I am living on a teachers salary, even my student loan payment is $0 because of how little I am surviving on. Any advice going forward on how i can try and pay the least possible or can I get this thrownout or do they have enough proof of debt owed and will get 100% of the debt. I hadn't heard from anyone about this loan in YEARS and then boom I get a letter in the mail with a court date (not even certified mail) , assuming because they found out I settled a 18,000$ debt with Midland funding for$ 7,000 (without going to court)... but that was all the money I had! Any advice is so appreciated! I am really scared about going to court
     
  2. zddoodah

    zddoodah Well-Known Member

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    Sounds like bankruptcy may be an option you should consider.
     
  3. pepper881

    pepper881 Law Topic Starter New Member

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    you would suggest bankruptcy for a debt of 2,000... that seems extreme.
     
  4. army judge

    army judge Super Moderator

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    Never communicate or have any contact with a debt scavenger.

    You might want to seriously look into a chapter seven bankruptcy.

    You can do it yoruself.

    Google, Bing, or Yahoo: "pro se chapter 7 bankruptcy MA"

    Good luck, whatever you do, don't give those scavengers $1.00.

    If you do, the SOL that is protecting you will suddenly NOT be protecting you.
     
  5. pepper881

    pepper881 Law Topic Starter New Member

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    I am not going to file bankruptcy over 2,000$ that's just crazy considering I just paid out 7,000$ last year to settle another debt. I do not believe SOL is protecting me since they filed suit against me months before the 6 year mark. right??
     
  6. army judge

    army judge Super Moderator

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    You don't need to share your plans with me, mate, I AM NOT THE BOSS OF YOU!

    If the court case is legitimate, yes, the SOL might not be protecting you.

    I suggest you get a copy of the ALLEGED case file and see for yourself with your own two eyes if the debt scavenger is telling you the truth, or blowing smoke up your derrière.
     
  7. mightymoose

    mightymoose Moderator

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    It sounds like the SOL is not protecting you here, and you may have reset the clock when you offered to pay.
    Bankruptcy certainly is something to consider. You should look in to it before dismissing it as an option.
    Nothing you provided here suggests you would be successful in trying to avoid responsibility for this debt.
    Keep in mind that your signature on something won't be necessary to hold you responsible. There are other ways to prove the debt is yours, including the past payment history.
     
  8. zddoodah

    zddoodah Well-Known Member

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    I didn't "suggest bankruptcy," and bankruptcy would not be appropriate for only a single debt. I stated that bankruptcy is "an option you should consider," and I made that statement based on not only this single debt, but also based on your overall financial picture as conveyed in your post (e.g., "I have 3 kids can barely pay my mortgage because I am separated from my husband . I am living on a teachers salary, even my student loan payment is $0").

    But, hey, if you don't want to do that, more power to you. Are you prepared to defend the lawsuit against you? Do you have any basis for a defense? Are you prepared to deal with having your wages garnished if the creditor obtains a judgment against you?
     

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