Search the Community
Showing results for tags 'CIVIL LAWSUIT'.
Question: Does it matter if the collections attorney is lying about who they represent if I know they now DO own the debt? Am I right that they own the debt? Texas resident. . I have two accounts in collections from 2013/14 when I was unemployed. I let my fear and shame rule me, so I did not talk to my creditors at the time, and have since then been at a complete loss as to how to proceed. I am now determined to get ahead of these. My finances are now back to where I can make payments. I have also applied for a Lending Club loan in order to pay all at once, but I don't think I will be approved for that because one of these two accounts (smaller one, different collector) is showing up as a collections item in my credit report. I received a letter from Scott & Associates last week that states a Notice of Intent to File Civil Law Suit for the $5000 debt (the larger of the two I owe, each from different credit cards). I called the OC bank and they confirmed the amount and that the debt had been charged off and the phone number for the new contact person matches the phone number in the letter. This is a collections attorney. I called them this morning to feel out where things stand. Status: They say they represent the OC bank, and that all money I pay to the collections firm will go back to the OC. They have added $80 in court fees to the original total, because they have already printed the suit. Next step is that I will be served with a suit. They say I cannot slow this process and they cannot say how much time I have before the suit is processed and signed by a judge. They have offered that I can pay 57% lump settlement pay-off, or a monthly amount towards the total debt. I called the OC bank to try to clarify. They confirm that the account was charged off to Trak America. The phone number they gave me does match the phone number in the letter. BUT, they are very clear that they do not own the debt, Scott & Associates does not represent them, and that money given to the collections firm will not go back to the OC bank. Questions: Are they misrepresenting themselves? Does it matter? Note: my top priority is preventing this from going to court. I recognize my debt to the original creditor and want to pay my debt. An affordable lumpsum settlement would be great, but paying off the total in a legit way is fine. As long as it's legit. Here is the text of the letter: --- Creditor: [Original creditor, a bank] Total Amount Owed: $5xxx.xx Our Account Number: [their own acct # for me] Dear Mr./Ms [last name], As you know, this law firm represents [PC] in connection with the Account. We have attempted to contact you regarding a possible resolution: unfortunately, we have either been unable to speak with you or we have spoken with you, but were unable to reach an agreement. As a result, WE HAVE DECIDED TO FILE A LAWSUIT AGAINST YOU. If we do not hear from you, the next correspondence you should expect to receive from us is a copy of the lawsuit. THIS MATTER CAN BE SETTLED! PLEASE DO NOT IGNORE THIS MATTER! Contact us to discuss settlement options. Sincerely, Scott & Associates, P.C. This account is issued and administered by [OC], successor in interest to [XXXX Card Services] * Please be aware that we are a debt collector attempting to collect a debt. Any information which you provide to this firm may be used by us for that purpose.* ---
I am being sued by Portfolio Recovery in the state of Texas for $1685.58 for a JCPenney credit card. Count 1 is Breach of Contract and Count 2 is Account Stated. I was served today, March 11, 2015 in person. I called the debt collection agency and agreed to set up a payment plan as I do owe this money. I gave them my checking account info and agreed verbally to pay 20% on March 31, 2015, and then the remainder over the next fiscal year to pay the debt in full. The affidavit states that Portfolio Recovery purchased this account in August 2010. My husband is furious with me because he says that I shouldn't have agreed to anything and that there is a statute of limitations that has been passed. My Questions: 1. Should I just continue with the verbal arrangement and sign the papers when they are mailed to me agreeing to pay the debt and proceed to do so? or, 2. What are my other options since I have already contacted the debt collector and made arrangements? 3. The woman I spoke with at the debt collection agency said I did not need to file an answer with the court that it would be taken care of through them. Do I still need to file an answer with the court and if so, what is the process? Any advice would be appreciated.
I never received a outcome of a judgment from almost a year ago. As of yesterday I found out the outcome as I have 10 days to compel Post Judgment Discovery I may have 2 days left as I never received anything in the mail til the judge sent a order to compel. I have not been given credit on money I have attorney when we had court last year I provided the receipts to the judge. Come to find out she granted the attorney his judgment $2027.92, his court cost fee $307.00, and he said he had to pay attorney fees of $709.00 that he sent his partner he works with in his office to court. From the first day I walked in the attorney office I wanted to be reimbursed attorney fees from my ex I made this clear from the first day. I only got $1000.00 but better then nothing. Attorney didn't follow lied took the money think he work something out with my ex. I am not being threaten I will be arrested and lose my house. I just want this to be done. I am going to upload a statement attorney summited to court he made up all these fees but what can I do. I am the defendant. Has Balance on first line 265.70 this was paid 8/10/2011( should have had a credit) He is claiming hours10.4 at $195.00 $2028.00 Legal assistant $156.00 Legal research, travel, coping, phone, postage $78.22 Then I paid $500.00 10/11/11 ( should be credit) How is $2027.92 still owned from me and he told the judge this. I gave the receipts. Claim should be $1496.52 last year at court. Then judge gave him the $1000.00 my ex agreed to pay. I had to sign over to the court so that bring it down to $496.52 balance. What can I do I want this over I will agree to pay $496.52 to have this crooked attorney out of my life. att pay 3.PDF