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OldMatador

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  1. Well, no-no might be putting it strongly... To me, me personally contacting him for a settlement via phone just sounds like he's A) going to try and take advantage of me and realized he can't win the case in court. I think the language in your note is a bit strong. Personally, I don't want to be forced to go to court, and in the end, I'd rather negotiate with the guy in writing without actually negotiating with the lawyer. In the end, I do want to settle the debt, but of course, I won't have enough liquid cash until Tax Time. So what I'm trying to ask is how can I get the situation delayed until February when I know I'll have money to negotiate. I guess what I'm looking for is a viable note to come back at him with that puts the onus on him to get proper validation. I mean, can I ask for original signed contracts with the Origial Creditor to further prove that they are now the owner of the debt, and documentation that my specific debt was transferred to their collection company?
  2. That's the fun in all of this, my friend. Dude's totally sidestepping the courts because he wants to talk to me in person. Heh, I know better. Didn't think I had to file a motion to dismiss since it was past thirty days since I filed an answer. But hey, more paperwork is fine with me, I suppose. Here's what he sent: Statements from the last 18 months and the chain of title of the debt. the chain of title of debt is two statements: One was the group who bought a group of debts from the original creditor: (don't know if I'm part of this or not) and an Assignment of Accounts to this laywer. Again, nothing with my name on it. The only thing with my name is statements from the original creditor.
  3. Hi folks. About a year ago, I was served with a summons for a debt I did owe, and I came on these forums with questions on how to answer it. I answered the summons properly and submitted it to my local town hall. Heard nothing after that, either from the court or the attorneys that filed. It's now a year later, and I received a package in the mail from the attorney that filed the motion with a copy of several old statements (with a number that I owed much less than thte number that was on the original motioned filed), a bill of sale from the original creditor to several debt collectors (doesn't contain my bill of sale or debt, just the bill of sale from the original creditor that sold a bunch of bad debts to this debt collector. In his letter to me, he said I should call him to discuss a settlement. Couple of red flags popped up: First, he's not going through the courts, he wants to talk on the phone, which I know is a no-no. He also didn't really show me they own the debt. They only showed me bill of sales of a bunch of debts. Who's to say they own my debt? How should I answer the attorney in writing, since this is the only method I will use to communicate with any debt collector?
  4. But over the phone? I'd prefer everything in writing, and these guys served me and I answered without even mailing me a notice that they own the debt. Plus they still haven't validated said debt.
  5. Hi People. I was able to file my answer at the courthouse back in January without incident and sent it to the plaintiff's attorney. I was not given a court date after I served my answer. Today, I received a phone call from the plantiff's attorney in regards to "A correspondence I made back in January." It went to voicemail, so I did not answer the phone. What's next? I assume speaking with the plaintiff's attorney outside of a court venue is a big no-no. Are they trying to work outside of the court system? I currently do not have any judgments against me.
  6. It's sir.... as I don't know any female matadors... I understand you're trying to help, and that's all well and good, but there are ways to deal with these problems without coming off as condescending, which it seems clear you're being. I know these guys are sleazeballs, but I also understand that since I do owe the debt, and they now own it, it's better to pay them now instead of paying three times that amount fighting these morons in court, between the freezed bank account, lawyer fees, and then actually paying the debt. Let's pretend they're virtuous and caring. What are my next steps to protect myself, since I will never send them any financial information tied to me so they can come back and withdraw more from my account. The offer, in writing, was made for 50% of the debt and would be considered settled in full. If they even try to screw with me or state they never got this payment or they conveniently forget, I got these guys on mail fraud if I keep every piece of documentation.
  7. Oy indeed.... I didn't come onto these boards for condescension. I'd rather not have a freeze on my bank account out of nowhere because these guys use some kind of sewer service. I'd rather pay my debts that I know I owe and finally clean up my credit and be responsible. I've done my due dilligence. I have the money to pay now after going through hell in 2005. I know it's C&S. Didn't you read my note? I know Midland owns the debt. So they didn't extend me credit. They bought the debt. Just because they didn't offer me credit I should just tell them to shove off? I know you need to be careful when dealing with these morons. Hence why I'm even here in the first place asking questions. Seriously, don't treat me like I haven't done my homework and actually try to come up with a constructive answer. This is already a stressful situation, and I don't need you adding to it.
  8. Hello. I have a valid debt through a collection agency, Midland Credit and their CA's, Cohen and Slamowitz (C&S) (Yes, I know, I've read about them, sewer service, the whole 9 yards). I received a letter in the mail from C&S, offering a settlement of 50%. In the letter, they state that if this deal is accepted and paid, their creditors, Midland, would consider the matter settled in full. The original creditor was Chase, but Midland did purchase the debt from them, so it's valid. Now C&S said their payment methods they accept are CCs, Western Union, MoneyGram , and checks via telephone... Ha, yeah, like I'd give you access to any of my personal information. I was going to use Postal Money Orders when sending payment, which should be accepted, no? Now, what are my next steps? Apparently there is a time limit of a few weeks to accept this deal, which was sent to me in a letter (I've never, nor will I ever talk to any CA over the phone, all writing). Do I need to do the Pay for Delete letter? Should I send a note with payment (Certified Mail, Return Receipt Requested, of course) asking for C&S to confirm that this deal absolves me of the debt and that it should be reported to the Credit Bureaus? Since the offer was written on their letterhead, it has to be binding, yes?
  9. How should I answer the summons? Should I go to the courthouse and ask for verification? Will it cost me anything at the present time? I was looking to go there this week. I can't just ignore the summons, since it was hand delivered to me by a sheriff.
  10. I'm not panicking... Let me pull out the Summons here... It says *Name of Collection Agency* As successor assignee in interest to *Original Creditor* It has a bunch of verifications on the complaint. On number 4: "That the plaintiff *collection agency* took by assignment for value all the rights, title and interest to receive themoneys due in accordance with the said Credit Agreement, and is the legal assignee of the original creditor..." So I don't know if they own the debt... I'm not good with fancy legalese... There is a verification from a deponent. I last made a payment on this account 3 years ago, so it's within the 6 or 7 year statute. No evidence is attached. Just numbers of what I owe.
  11. I had a nice surprise the other day. I received a summons to appear in a New York court within 20 days of receipt for a credit card debt I do owe. Figure it's a good time to start catching up with a layoff I had a few years ago... Before I appear in court, I wanted to know my next steps. The summons was issued by an officer (so it's legit) and the plantiff is representing a collection agency for the creditor. I'm supposed to answer, but what should I do? How should I answer? should I contact the original creditor to set up a payment plan? By appearing in court, what happens? Will they have the right to garnish my wages? Any help would be appreciated.
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