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View Full Version : Judgement for debt I do not owe


KTee
Mar 29, 2007, 01:38 AM
About 9 1/2 years ago I moved from one town to another, and filed change of address forms with all necessary debtors, twice to be certain. One debtor, a credit card company, did not note or make the change, and I did not receive a bill from them for 2 months (I called to ask for it) after I moved. They sent me one to my new address, and there was almost $125 in late fees! The entire debt was only $500 to begin with. Thus began a long and frustrating battle with this company. For the next 8 months they refused to send me invoices (bills) but continued to add charges monthly of about $150. I would make the monthly payment, which had become way more than I could manage, but it never seemed to diminish the debt. When I called, the agent would tell me repeatedly that they were under NO obligation to give me statements showing what they were billing me for, or adding to the account. After about 3 months of paying payments 3 times what I had paid before moving, I stopped paying them. About 10 months after the battle began, they sold the debt (which was around $2500 by that time - though I was not 'ever' using the card). I received collection notices from time to time, but I never sent another dime. I asked this new bank? Collection company? To send me verification of the debt I owed, and I would never hear from them again. I believe over the next 5 years it sold 2 more times, and I followed the same process each time. Never receiving verification. Finally it ended up in a law firm in my state, by this time saying I owed about $8000. I wrote this law firm exactly what I am writing here, and they thanked me and said they would look into it. I never heard from them again. About 2 years later... I received summons, but it came in the mail (not hand delivered). I ignored it... but apparently it was legitimate. I did not hear anything else until last year, when I WAS handed a summons to court. My husband, who had tried to take out loans years before to pay off this debt (at the $2500 level) went in my place because I had the flu and was told I could send a representative. When he got there, they informed him that he could not represent since he was not a lawyer. The judge apologized, said he did not believe I owed the debt, because they had failed to make their case, but my 'absence' caused him to have to renew the judgement. We did not know there was one before. We did not hear from the attorneys again, until this month when they took our funds in the bank account (not mine, I do not work or have an income). They only got $500. But it was solely my husband's and he will fight to get it back.

My question is what to do now. NOW they are saying I owe $15,000!! There is no way we can pay that amount. Is there any hope or help available? We don't know what they can take next, but someone told me the 'summons man' was back at our door today. We were not home, but he'll be back.

Any suggestions?

mr.yet
Mar 29, 2007, 04:35 AM
Check the Statute of Limatations in your state, they may not be able to take you to court. File motion to quash the garnishment and file a third party claim against the money they have taken.

ScottGem
Mar 29, 2007, 05:56 AM
I have to disagree with Mr Yet here. From what you said, they had already obtained a judgement against you. What you need to do is get an attorney to help you have that judgement vacated.