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Going to Court Tomorrow


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I am appearing in court tomorrow to fight a collection agency who says I owe them money for a loan that was made in March of 2008. The original creditor was Wells Fargo and I did have a loan with them that I paid off in November 2006. I checked with the bank and they wrote me a letter stating I do not have a charged off loan with them and no outstanding loan debt with them. I also have my credit report saying I have a "Closed or paid account / zero balance" for the loan. The number for the account is also different than the loan number they have on the paperwork sent to me in the summons. I'm nervous about appearing in court but I am not interested in paying a loan that was already paid! 

 

Wish me luck and if you have any advice I would appreciate it. I'll post the results back here when I'm done. 

 

BTW: I pulled my credit report and found several errors and I'm going to start looking into those really soon too.

 

Thanks again for posting and sharing on the forums. It has been great encouragement.

 

 

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GOOD LUCK. I would post a few suggestions but you did not say if it was a trial date or just a case management hearing (or something to that effect), I figured it was probably not the trial; so it should be no big deal. It looks like you actually have some evidence that you can beat them with. Let us know, there is a lot of help here.

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  • 4 weeks later...

I appeared in court and the judge set up a pretrial hearing that is set for tomorrow. I'm a little nervous but I am prepared. I received a packet from the CA just showing when they purchased the debt from etc but nothing with my signature or anything. And I don't ever remember taking out this loan. I Will post once I get done tomorrow to update the status of my on going fight.

My attitude is the worst thing that can happen is I pay the entire amount in monthly installments but I could win.

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well If you choose to fight it we will be here to help you, just be sure to post and don't wait until the last minute.  The pre-trial will probably just be asking if you want to settle this, and then setting a date for trial if you say no.  Most of the time they won't hear the evidence you have in pre-trial, but will set it for a trial date.

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Well I settled the debt --- it was 1,200 and I am paying them 300. I just wanted to get it over with and I would have asked to have it removed from my credit report but isn't on there so I felt like it was a win. And even though I don't believe it was my debt I just wanted to get it over with. Now it is on to clearing off other things that are reported incorrectly on my credit report. I've cleaned up my credit report in the past had several things removed so I'm attempting to get things in order again and will be reading the boards as much as possible to map out my strategy.

 

Thanks for being here and I look forward to moving forward :)

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Well I settled the debt --- it was 1,200 and I am paying them 300. I just wanted to get it over with and I would have asked to have it removed from my credit report but isn't on there so I felt like it was a win. And even though I don't believe it was my debt I just wanted to get it over with. Now it is on to clearing off other things that are reported incorrectly on my credit report. I've cleaned up my credit report in the past had several things removed so I'm attempting to get things in order again and will be reading the boards as much as possible to map out my strategy.

 

Thanks for being here and I look forward to moving forward :-)

 

I'm glad you're happy with how it worked out. Your time is valuable and if you feel your time was worth $300 then you made the right call. That's why they call it "settling". $300 vs. 9 months of learning the law and fighting with a risk of losing $1200. I personally would never pay a dime on a debt that wasn't mine but my time isn't that valuable.   ;-)

 

To each his own.

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Yea, I didn't owe it but I'm glad its over. 

I would pay(well actually, no I wouldn't) in 1 lump some and get it in writing, you cannot trust a bottom feeder. They could sell it to another one or come after you again, it has been known to happen. From $1200 to $300, as far as settlement goes, you didn't do to bad.

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