i think i made a mistake. agreeing to a payment

je_taime_jessica · #1 May 31, 2007, 08:27 AM

hello.
i am in west virginia. i rec a summons on may 11 stating i had 20 days to respond at the courts office. here it is, 11 days later. i called and was told my payment options. never once did she tell me that by agreeing to this that a judgement would be against me. she said call back mon and tell me what you have decided. i called back and stated i would make monthly payments. that was maybe the 15th? on the 29th! i got the payment book and letter. in it, it states that a judgement has been agreed upon and will be filed with my courthouse. also, my first payment would be due the 31 or i would be in default. BUT i havent signed the agreement. does that matter? i have learned that if i agree to pay, or that i owe the debt, then i start the sol over... is this true? they never validated the debt... do they have a right to sue me? how can i get out of this??? she said the only way to avoid a judgement is to pay half now, half next month. i need help before cob today!!
thanks!!

gazelleintense · May 31, 2007, 04:52 PM

Im confused. Did you go to court? What type of debt? Do you owe this debt? Who are you speaking with? A debt collector? Credit card company? Not sure what sol is?

je_taime_jessica · May 31, 2007, 05:11 PM

this is a credit card copmany, handled by a law firm. i got the card in 1998 when iwas 18. i quit using it in 1999, and it was turned to collections in 2000. the sol (statute of limitations) is 5 years in wv. i rec a summons. i didnt respond because the lawyers (for them) told me i didnt have to... that agreeing to pay would void the court situation. it didnt. so i went to the courthouse today and filed an answer stating the statute was expired. i do owe this debt. i am not trying to avoid it. the problem is, i connot have a judgement against me. i agreed to repay on the scheduled amount. however, they cannot sue me in court for this, if i understand correctly. am i right?

je_taime_jessica · May 31, 2007, 05:25 PM

its a default judgement... they tried to trick me. they told me i didnt have to respond to court. they sent the paperwork so late i only had 1 day to file an answer once i figured out what they were doing. so they purposefully delayed this information coming to me so that they would get a default judgment.

je_taime_jessica · Jul 5, 2007, 11:35 AM

soooo.... i responded on the last day to court, and yesterday i got a letter in the mail from court stating to appear sept 28. for the hearing. i have tried finding a lawyer, but no one with answer their phone or call me back!! what should i do? its only a 1200.00 charge, im not gonna pay a lawyer that much.

Fighting_the_Deb · Jul 6, 2007, 04:48 PM

[font="Comic Sans MS"]If anything, I'm sure that you could go to court, claim naive ignorance and back pedal a little.[ As for the SOL, I think you can sue them for pursuing a debt beyond the SOL. Look at this website: Debt Validation: The ultimate weapon against the collection agencies There is info there about how to sue for violation of the FDCPA (fair debt collecting practices act). You can present that to a judge in court, and even if you do get a default judgement against you, you should be able to appeal it on those grounds.

Good Luck!/FONT]



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