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Being Sued By Debt Collector


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Apologies for the very long post, but I need help and want to explain the sticky situation I have found myself in.

My husband and I purchased an extended warranty for an automobile I purchased 2 years ago. At the time, we knew we couldn't afford it but of course the salesman talked us into purchasing it and would give us a few weeks to come up with the money. We left a postdated check and went through a few eeks later and came up NSF. I know we should of put a stop payment or contacted them to tell them not to deposit but we irresponsibly didn't. We then contacted the dealership and told them we no longer wanted the warranty as we still couldn't afford it. They stated it was okay and they would not redeposit the check. A month or two later, we receive harrassing phone calls and letters demanding payment of the face amount of the check (about $1950.00). I attempted to tell the DC (lawyer as she stated) that we advised the dealership we no longer wanted the extended warranty and she said it didn't matter. She said I owed the debt as I wrote the check and threatened that non payment would land me in court and would report it to the credit bureas. We then call the dealership again to now inquire why they have sent the DC after us and they said they knew nothing about collection on the check and not to worry about it. Of course I did nothing else because at the time, I honestly thought that was the end of it. I asked the DC to give me the name of the person at the dealership that she was dealing with, but she refused. I told her we had already spoke to them, but she didn't care what my situation was. I told her I didn't not want her to contact me again as I was only willing to discuss this with the car dealership as she showed me nothing but disrespect.

A year and a half later, I find myself being summoned to court by the DC agency for the $1950 plus treble damages. The dealership in which we purchased our vehicle from has since been bought out. I have contacted the new dealership to see what I can do. I was told that the old dealership just needed to write a new contract minus the extended warranty and that would of been the end of that. I am unsure at this time if they didn't do this for us because they were literally closing shop that month and just didn't want to take the time to do so. There was definitely miscommunication on our part.

Since we never owned a new car, we were unaware we needed a new contract.

Now I need to write my written response to this summons and need to know if I can be sued for a return check for the service I have yet to receive as this was for an extended warranty that would take effect next year. Is this a legitimate law suit? Since services were not rendered to me, am I liable to pay for them? The new dealership is trying to get info. to see if they can call off the DC to retract the debt as they also feel like I don't owe. They need to pull my records out of storage as I purchased from the old dealership. I have also contacted the extended warranty company and was told the policy was cancelled by the old dealership. They are sending me documentation stating this info. Any advice on what I should state in my written response? Any advice at all regarding what else I can do? Thank you in advance!

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