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Can I DV CA/atty after making payments to them?


jlcb
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From the start to now:

-Orig CA/atty sent letter 12/09/04. Unaware of DV process, I did nothing

until 1/28/05 (sent letter reqesting $25 mo payment plan).

-Same CA/atty (by phone) I made agreement to pay $100 mo pay plan

on 3/15/05. CA followed up with written contract that I signed and

returned and started payments.

-(7/25/05) I was 10 days past payment date (and did not call them)

accout was sent to 2nd CA/atty. Still unaware of DV process, I tried to

call new CA left 6 msg on voice mail that I did not have a way to be

contacted by phone but would have to be contacted by mail. On CA voice

mail I left msg of payment plan with old CA and said I would continue

with same payment plan until paid off unless I heard from them

otherwise.

-Made 4 more monthly payments getting my balance down to 453.30 per

letter from CA (on 10/21/05). The letter states that the remaining

balance due does not inclued future interest that will be due.

-At the time of the debt I lived with parents and still receive my mail there

but do not live with them any longer. My mother thinks a outside server

tried to serve me with paperwork but she was not 100% sure. The

person ask for me, she told them I did not live there and they said

thanks and left. They left no paperwork with her nor ask any questions.

-I then started getting junk ads in the mail from law firms stating that I

have been sued by Gault Fin and they want to rep me (letters even give

Case No.). I called the county clerk and sure enough she said that it

went out on 10/26/05.

-I called CA and asked if they were sueing me after making all these

payments to them. He said yes they were because I still had a balance. I

asked him when the hearing date was and he said whenever the judge

sets it up. I told him that I had nothing (other than the advertisements

from other law firms). I told him that I had not been served a notice as

of yet so how would I know when to appear. He repeats that it would be

up to the judge. We went on in circles for 10 minutes or so on this getting

where.

-I asked him why would he have accepted my payments all along and then wait until the last few payements then sue me anyway. He said because they were not a finance company they were a law firm and that is what they did. He told me he never made any agreement that they would accept payments from the start. I told him that he obviously got me voice mail message that I would continue making payments to him as I had agreed to do with old CA until acct was paid off and if it was not agreeable to send it in writing. I told him I never received any such letter.

-I sent a letter (10/18/05) with my Oct payment stating what I thought the balance was and let him know my next payment would be there by Nov 30.

-Oct 21 he send me a letter stating what my actual balance was not including future interest. He also says if I have any additional questions, please feel free to contact his office. He never mentioned that the payment plan I was making was not acceptable.

My questions:

---Since was never served how can a court date be set up? The county clerk said I would need to call Gault Fin and tell them where they can serve me or that they can just leave it with my mother. Should I do that?

---Can I DV the CA now? Would I stop paying them?

---How would I find out a court date with out the summons?

---If somehow a court date has already passed and I was not there would I have to pay more that what I owe and how would I be advised of that?

--- I have made all payments by Western Union except one by postal money order. I this the best way to pay them.

--- Since they have sued me would it be adviseable to send future payments with postal money orders by CMRRR?

I am sorry for all the questions but I am so ignorant about this mess I have created. I am reading here and learing great information. Thank goodness for the GREAT website. I have been way to trusting.

Thanks, jlcb

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You can dispute at any time. Validation should be a step that occurs before you open your wallet. Unfortunately once you make a payment, you are admitting liability to the original amount. Doctrine of estoppel by acquiesance and probably account stated as well. If you suspect that there was fraud involved, you can halt payments and demand an accounting. Ther eis nothing wrong with that whatsoever, and only CAs with something to hide would refuse.

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