suezq Posted August 8, 2005 Report Share Posted August 8, 2005 Rausch, Sturm, Israel & Hornick began harassing me about a previous debt earlier this year. I don't dispute the debt is mine, so I began paying them $300 per month every month. I got the debt down from the original amount of 4352.92 to 2167.06, was never late with any payments, and they have hit me with a Civil Judgement for the original amount plus court costs, even though I have recevied two recent "Settlement Offers" showing my actual balance owing (2167.06). I have contacted an attorney, but of course they are slower than molasses in January, so in the interest of time I went to the issuing courthouse and filed a Notice of Hearing and Motion, outlining my original payment plan with them, and showing them proof of my current balance, not the inflated one they are suing me for. I go to court on August 23rd. The clerk at the courthouse said I need to show "proof of mailing" to them, and when I asked if that meant certified she smiled and said, "no, I just proof that it was mailed." Whatever that means. Any way, I need some legal advice about what to do before my court date approaches. It appears to me they are trying to alter my payment arrangements, and fortunately the proof is on my side that I've made my payments, as my balance owing has been greatly reduced. When I called their office to ask why I was served, I was told they could sue me at any time to collect the balance in full. It seems to me they should be filing a consent, not a default, as they are doing, since I've not defaulted on this at all. Please Please Please advise me in any way possible. I'm waiting for my attorney to respond and they are in no hurry to help me, although they said they would take my case. I'm getting nervous with my court date approaching in a few weeks. Any advice would be most appreciated. Link to comment Share on other sites More sharing options...
codename_fortyseven Posted August 8, 2005 Report Share Posted August 8, 2005 I think they just want a judgement to cover their bases, just in case you don't pay. I think this is wrong beyond wrong, although it is legal. Despite paying on the account, they are trying to hose you and your credit even more. I would go on the offensive in a major way against them, counterclaiming for FDCPA violations, FCRA violations, if applicable, reporting them to the state BAR, etc... Link to comment Share on other sites More sharing options...
IHateCAs Posted August 8, 2005 Report Share Posted August 8, 2005 I think they just want a judgement to cover their bases, just in case you don't pay. I think this is wrong beyond wrong, although it is legal. Despite paying on the account, they are trying to hose you and your credit even more. I would go on the offensive in a major way against them, counterclaiming for FDCPA violations, FCRA violations, if applicable, reporting them to the state BAR, etc...Beyond that, I'd demand PROOF of the debt. If they can't provide that, you'd have them over a barrel in a major way and nobody wants to go to jail in Mexico. Link to comment Share on other sites More sharing options...
suezq Posted August 9, 2005 Author Report Share Posted August 9, 2005 Are they legally allowed to claim that I defaulted (which is what the judgement states) when it clearly is not the case? How can they sue me for something that is not true? Now, they're sending me letters claiming that I can "settle" this debt for 1/2 the balance owing (which they show as $2160 despite their judgement claim that my balance is $3600. I'm so confused. Link to comment Share on other sites More sharing options...
Recommended Posts