sjcraw Posted May 23, 2007 Report Share Posted May 23, 2007 I had posted on this thread about 4 months ago about a complaint my mother received from Atlantic Credit & Finance, INC. I then sent them a anwser to their complaint and A DV letter, and then I didn't hear anything from them until today. I will post what the letter says:Dear Ms. xxxxxxxAttached is a copy of the charge off statement that we received from our client on behalf of HSBC. If you would like to set up payment arrangements please contact our office.I have a few questions that I would like to ask of you all?Is this statement considered as Valadation?When I anwsered the complaint I mention that she received SSI and didn't have any assets.Do any of you think that they may try and sue her?I denied the CC as being hers? I will have to find out when the SOL is up? I'm gonna order a EQ CR to find out.I know it is very closeAlso do you think that I will hurt the situation more if I send A C&D letter. i don't want these people to contact us more by mail or phone. i feel that if they are going to sue that's what they will have to do. I not trying to sound blunt I just don't want to be worried about it.One more question will I be in big trouble if I file a fraud with the FTC and them mail them a copy, will this save her. Because i know for sure that they don't have no signed contract.Please reply ASAP because I'm a littele scared. This is the same company that sent the sheriff to our house with a anwser to complaint form.Please helpSjcraw Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted May 24, 2007 Report Share Posted May 24, 2007 never EVER send a C&D unless you are out of the SOL.... because they only response left to them is to suesend a second VD stating that the information you requested was not remitted.. keep it simple Link to comment Share on other sites More sharing options...
bigjohnstud4200 Posted May 24, 2007 Report Share Posted May 24, 2007 You need to find out the SOL on this stat. If it's up, then you can tell them "time-barred, FOAD" Link to comment Share on other sites More sharing options...
IHateCAs Posted May 24, 2007 Report Share Posted May 24, 2007 Ummm... aren't you already being sued? Link to comment Share on other sites More sharing options...
sjcraw Posted May 24, 2007 Author Report Share Posted May 24, 2007 Ummm... aren't you already being sued?My mother received a anwser to a complaint does that means that they are in the process of sueing her/ The paper that they sent didn't have a court date on it. How can I find out if she is gonna be sue.Thanks in advance for your reply.Sjcraw Link to comment Share on other sites More sharing options...
MadinKS Posted May 24, 2007 Report Share Posted May 24, 2007 You need to call the county courthouse or better yet, go there and ask to see if they have a file on your mother. Usually, an answer to a complaint is attached to a summons and if you don't answer, they will receive a default judgment. So, run now to the courthouse and find out what they're doing. Good luck. Link to comment Share on other sites More sharing options...
sjcraw Posted May 24, 2007 Author Report Share Posted May 24, 2007 You need to call the county courthouse or better yet, go there and ask to see if they have a file on your mother. Usually, an answer to a complaint is attached to a summons and if you don't answer, they will receive a default judgment. So, run now to the courthouse and find out what they're doing. Good luck.I did file a anwser to their complaint with 5 to 10 days after receiving the summons. I sent it CRRm to the CA, I didn't know that i had to send it to the court house. I call the clerk of court this morning and she said that they had filed suit back in Jan o7 ( Atlantic Credit & finance) when my mom was first served. I didn't received anything back from them until yesterday. they sent a copy of a CO statement from the CC company, is this considered as Valadation? I also sent them a DV letter with my anwser? The clerk of court said to call her back in two weeks to see what the CA will be doing next. If my mother has already received 1 summons from them will they be bringing another if they set up a court date? The clerk said that a court date was not set up. To my understanding they can get a judgement against you without you having to show up for court. I'm really not worry about the judgement i'm more worried about my mother getting scared and upset, If she thinks that she has to go to court she will think that they can put her in jail in which I know better. My mother receives SSI and she doesn't have any assets, no money in the bank or nothing.Thanks in advance for your reply.Sjcraw Link to comment Share on other sites More sharing options...
MadinKS Posted May 24, 2007 Report Share Posted May 24, 2007 To my understanding they can get a judgement against you without you having to show up for court. I'm really not worry about the judgement i'm more worried about my mother getting scared and upset, If she thinks that she has to go to court she will think that they can put her in jail in which I know better.If she (you) doesn't show up, they automatically get a judgment against her. I would suggest getting a power of attorney that allows you to take care of credit issues for your mother. That way, you can step into her place in court to save her the stress. As far as the other issues, I will let the experts handle the answers to those. Link to comment Share on other sites More sharing options...
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