PLEASE HELP I SO CONFUSEd..SUBPOENA

[RosyRose]

I had an account with Citibank, about 3 years old. It was about $4,500. I ignored it. Then it was bought off by a Collection Agency. I ignored them aswell. Then they sent a me a "so-called summons". So it worked, it intimidated me, so I spoke to them. They insisted I make a settlement for 50% of what they are charging me now for $9,000. So They requested I pay them in total $4,500. They requested arranging 2 full payments that equal the $4,500. I was unable to do so because of my current financial situation. So I decided to send them $100-300 a month for about 10 months now. I just received an Information Subpoena from the people of the State of New York. I tried looking it up by using the Index Number, but I couldn't find it.It was weird because I have a feeling it's fake! It said a judgment was entered on July 03 2003. If this is so how come I couldn't find it. My question is .....Is this "Information Subpoena" for real! Can someone explain to me how this collection thing works, and how I can I get around it.

 

[lwpat]

Unfortunately it is going to be impossible for anyone on a public forum to help without actually examining the paperwork. What you need to do is to visit the clerk of court and see if a judgement has been entered. If it has then you need to get a complete copy of the record so you can file to have the judgement vacated for lack of service.

In the meantime you need to stop sending them any payments. It is possibe that the statue of limitations has expired and they cannot touch you. Actually they can keep harassing you forever and it will stay on your credit report for seven years.

You need to visit this site to learn more about how to handle collection agencies.

Your Credit Report

 

[Michael Wechsler]

Actually, I doubt that the statute of limitations has pased with regard to the collection of this debt. Regardless, since the case has allegedly already been adjudicated, the statute of limitations would not apply at all with regard to bringing the case and there is a long period of time you can collect on a judgment (I believe it's 20 years from the date of the judgment.) If you have a settlement agreement with this company, perhaps you can get them to send a copy to you in writing and you can sedn them the final check. They can write in the agreement that if you don't pay by a date certain, that the deal is null and void and some the original amount is due plus interest, etc.

With regard to the index number, it would seem doubtful that they would go through all that trouble to fake a judgment and subpoena. Did you ask a clerk to help you find the case? What were you looking at? I've sometimes had problems finding cases as there might be a typo, looking in the wrong place, wrong court, etc. and it can get very confusing in NY. If you are in NY City you should go to the County Clerk at 60 Centre street and try to find the judgment -- it is likely in state court. If it is in another county you will need to go there. Until then it might very well be valid and you could be in contempt of court by not responding to the subpoena.

Originally posted by RosyRose
I had an account with Citibank, about 3 years old. It was about $4,500. I ignored it. Then it was bought off by a Collection Agency. I ignored them aswell. Then they sent a me a "so-called summons". So it worked, it intimidated me, so I spoke to them. They insisted I make a settlement for 50% of what they are charging me now for $9,000. So They requested I pay them in total $4,500. They requested arranging 2 full payments that equal the $4,500. I was unable to do so because of my current financial situation. So I decided to send them $100-300 a month for about 10 months now. I just received an Information Subpoena from the people of the State of New York. I tried looking it up by using the Index Number, but I couldn't find it.It was weird because I have a feeling it's fake! It said a judgment was entered on July 03 2003. If this is so how come I couldn't find it. My question is .....Is this "Information Subpoena" for real! Can someone explain to me how this collection thing works, and how I can I get around it.

Originally posted by lwpat
Unfortunately it is going to be impossible for anyone on a public forum to help without actually examining the paperwork. What you need to do is to visit the clerk of court and see if a judgement has been entered. If it has then you need to get a complete copy of the record so you can file to have the judgement vacated for lack of service.

In the meantime you need to stop sending them any payments. It is possibe that the statue of limitations has expired and they cannot touch you. Actually they can keep harassing you forever and it will stay on your credit report for seven years.

You need to visit this site to learn more about how to handle collection agencies.

Your Credit Report