PDA

View Full Version : Did countless hours of research and I'm still lost!


jeremyx24
Jun 29, 2009, 07:11 PM
I have deleted this post basically, I am getting tired of coming here ( three times tonight) to edit posts. One more time and I will merely close this thread.

Fr Chuck

jeremyx24
Jun 29, 2009, 07:49 PM
Also, I do not see the edit button. I need to edit the post and canot locate it!

AK lawyer
Jun 30, 2009, 10:30 AM
Worldwide has decided to sue me by giving me a summons. Were you properly served with process (the summons and a copy of the complaint)?


The debt they say I owe is $2200. I don't recall but I believe my limit was $1500 It's possible you exceeded your credit limit. You can engage in "discovery", by sending plaintiff's attorney a written request for information (copies of billings, etc.) In this case chances are they will not have it and you can ask the court to dismiss for that reason.


My summons doesn't have a date in which I needed to reply.
That's curious. It's normally like 20 days, but call the clerk of court and find out.


... the court date is for next Thursday the 9th of July.
In my experience a court date isn't set until you have answered the complaint, so this too is strange. You should show up, of course, and raise any applicable objections.


The research I've done says I need to file an intent to defend, is that correct?(Also, do I just go to the courthouse and fill this out, or do I just find a template online? I live in Illinois) You should probably go to the courthouse and double check with the clerk of court on this. Also ask to look at the court's case file.


Also, there is what appears to be a stamp stating, "Attorney Drew Erwin appearing and then there's worldwide asset purchasing as the plaitiff and then there's Frredman Anslemo Lindberg and Rappe LLC that says they are the attorney for the plaintiff. I see that Erwin doesn't even work with that firm. More red flags? How do you know he doesn't work for the firm? He could be an associate and not a named partner. Easiest way to figure out Irwin (http://www.iardc.org/ldetail.asp?id=780408025)'s involvement is to call and ask him.

Buddyboy
Jun 30, 2009, 03:27 PM
First and foremost you must immediately go to the clerk of court where the summons came from and file with the court and also send a copy of the same thing to the attorney who issued the summons with a certified letter and return receipt signed. Keep it simple stating I do not owe this to worldwide. A summons is served usually by the sheriff department and you sign for it. Keep all copies of all paper work. If you do not respond in the allotted time frame usually 30 days, (this may vary from state to state), there will be a default judgement awarded and next your wages can be garnished. If you respond then a hearing will be set and you get your side of the story told. Familiarize yourself with the Fair Debt Collection Practice Act (Fdcpa), also Fair and Accuate Credit Transactions Act (Facta) and Fair crdit reporting Act. The FDCPA list the law that a scavenger collector must abide by. They probably bought this from the credit card company and Worldwide must establish that you owe them. It is strange that you have a scheduled hearing and have not responded to the summons. Check all of this out at the clerk of court office. Do not skip any legal notification. From someone who has been there. Good luck.

JudyKayTee
Jun 30, 2009, 03:32 PM
First and foremost you must immediately go to the clerk of court where the summons came from and file with the court and also send a copy of the same thing to the attorney who issued the summons with a certified letter and return receipt signed. Keep it simple stating I do not owe this to worldwide. A summons is served usually by the sheriff department and you sign for it. Keep all copies of all paper work. If you do not respond in the alotted time frame usually 30 days, (this may vary from state to state), there will be a default judgement awarded and next your wages can be garnished. If you respond then a hearing will be set and you get your side of the story told. familiarize yourself with the Fair Debt Collection Practice Act (Fdcpa), also Fair and Accuate Credit Transactions Act (Facta) and Fair crdit reporting Act. The FDCPA list the law that a scavenger collector must abide by. They probably bought this from the credit card company and Worldwide must establish that you owe them. It is strange that you have a scheduled hearing and have not responded to the summons. Check all of this out at the clerk of court office. Do not skip any legal notification. From someone who has been there. Good luck.


I do not know where you get your "legal" information but it is NOT correct in my State - NY.

For starters, the Court has no knowledge of the Summons until the case is filed with the Court.

The Sheriff does not serve the papers.

Wages cannot be garnished in every State.

jeremyx24
Jun 30, 2009, 04:24 PM
Thanks for the quick replies guys, I mean it!! The sherriff did drop off the summons. And I thought it was kind of strange getting assigned a court date not even 2 weeks before I received the summons. I know it's rather unlikely but should I see if Worldwide or the firm would give me a settlement? I mean I could give them $1,000 on the 9th(first court appearnace) and then another $1,000 exactly a month later. I do owe a debt but the charges are a bit excessive and I really don't want to have to cover their attorney fees and court costs. Again, I thank you guys for all of your input!

JudyKayTee
Jun 30, 2009, 04:42 PM
There is NEVER a problem with making a settlement offer - I think I would offer less than you have proposed and see if they snap at it. You can always go higher; you can't go lower.

Keep us informed -

jeremyx24
Jun 30, 2009, 04:52 PM
Thanks Judy for your fast response. Do you have any idea if I should throw out a figure say $1500, or will they throw one out?

jeremyx24
Jun 30, 2009, 04:53 PM
Also, should I contact Worldwide, the attorney, or the firm that I have listed to try and settle?

Wondergirl
Jun 30, 2009, 04:59 PM
Thanks Judy for your fast response. Do you have any idea if I should throw out a figure say $1500, or will they throw one out?
I'd start with $1000. The amount probably mushroomed over time with higher interest rates and fees being assessed. My experience is that they want a sure thing. Make them think $1000 is their sure thing.

jeremyx24
Jun 30, 2009, 05:03 PM
Thanks Wonder! Another thing is after I pay this settlement amount how am I sure that they'll remove this debt from my credit report and also not be bothered with it again? And should I contact them tomorrow as the court appearanceis set for next Thursday? I get paid on that Friday and could afford the $1,000 that day. Thanks for the input all of you, I appreciate it greatly. Jeremy~
Any input on who I should contact to get this settled between the three choices?

JudyKayTee
Jun 30, 2009, 05:10 PM
Also, should I contact Worldwide, the attorney, or the firm that I have listed to try and settle?


I would contact the entity that sent the Summons - probably a law firm?

I agree with Wondergirl - come in at $1,000. Tell them that is it. You've begged and borrowed and scraped and it's a lump sum.

BEFORE YOU SEND THEM ANYTHING GET IT IN WRITING!

Wondergirl
Jun 30, 2009, 05:34 PM
I would contact the entity that sent the Summons - probably a law firm?

I agree with Wondergirl - come in at $1,000. Tell them that is it. You've begged and borrowed and scraped and it's a lump sum.

BEFORE YOU SEND THEM ANYTHING GET IT IN WRITING!
Yup, you want a signed letter or contract stating the amount being paid and that it totally clears up the debt. FedEx or a messenger will even bring that to you and will pick up your check in return. Make sure you are paying off the right guys.

AK lawyer
Jun 30, 2009, 05:42 PM
I do not know where you get your "legal" information but it is NOT correct in my State - NY.

Illinois is not New York.

Jeremy, when was the last date you made a payment on this debt? I believe the statute of limitations on charge card debt is 5 years in Illinois.

JudyKayTee
Jun 30, 2009, 06:11 PM
Illinois is not New York.

Jeremy, when was the last date you made a payment on this debt? I believe the statute of limitations on charge card debt is 5 years in Illinois.



Good to see you've figured out how the site works.

I repeat my statement. It varies from State to State. I'm in NY.

Wondergirl
Jun 30, 2009, 06:21 PM
Illinois is not New York.

Jeremy, when was the last date you made a payment on this debt? I believe the statute of limitations on charge card debt is 5 years in Illinois.
It's ten years in Illinois.

Statute of limitation for credit card debt, all 50 states (http://www.creditcards.com/credit-card-news/credit-card-state-statute-limitations-1282.php)

jeremyx24
Jun 30, 2009, 06:22 PM
The last time I made a payment I believe was 2005, so it's well within the SOL I believe. When I go to call and try to settle is there any wording I should refrain from? Like I stated previously, this is completely foreign to me and I don't want to go about clearing this the wrong way. Also, if they filed to have a set date(July 9th) wouldn't they have already had to use some of their money to get the ball going for my small claims suit? If they do accept a settlement, is sending the money by cashier check the best method?

Wondergirl
Jun 30, 2009, 06:29 PM
The last time I made a payment I believe was 2005, so it's well within the SOL I believe. When I go to call and try to settle is there any wording I should refrain from? Like I stated previously, this is completely foreign to me and I don't want to go about clearing this the wrong way. Also, if they filed to have a set date(July 9th) wouldn't they have already had to use some of their money to get the ball going for my small claims suit? If they do accept a settlement, is sending the money by cashier check the best method?
Yes, Illinois is ten years SOL.

Judy would advise you better than I regarding what to say. Stick to "short and sweet," methinks. Give yourself as much room as possible, like, start small, even under $1000. I would get something in writing before I send off a check anywhere, and, like I said earlier, they can arrange to send a messenger or FedEx with a paid-in-full letter and collect your check. I certainly wouldn't make it too easy for them. And, again, be sure you are dealing with the right guys. And yes, they may want a certified or cashier's check. Each gang varies in what they will take. (A personal check would have to clear, so a waiting period--and trusting you--which they don't like.)

AK lawyer
Jun 30, 2009, 07:00 PM
Yes, Illinois is ten years SOL.

This (http://www.bcsalliance.com/debt1_illinois.html) says 5 years.

Are you perhaps thinking of a "written contract"?

Wondergirl
Jun 30, 2009, 07:20 PM
This (http://www.bcsalliance.com/debt1_illinois.html) says 5 years.

Are you perhaps thinking of a "written contract"?
I got my info from here (reposted for your convenience) --

Statute of limitation for credit card debt, all 50 states (http://www.creditcards.com/credit-card-news/credit-card-state-statute-limitations-1282.php)

State law, scroll to Part 2. Personal Actions, 735 ILCS 5/13‑206

passmeby
Jun 30, 2009, 10:02 PM
I read a book a long time ago entitled "Stop It", it's all about debt collecting, their tricks and tactics and how to stop them and deal with them. There was a chart in this book that mapped a deb collector's expectations of collecting the debt and how much they anticipate to collect as time goes on. At only 6 months after you default, the expectation was alredy down to 50% of what you owe and steadily declined after that to near 0% at 1 years time. You said it has been 4 years. Offer them 5%. Tell them you don't work and that this is all you can afford. They will want you to beg, borrow or steal to pay them off, just keep saying that 5% is all you can afford and don't waver. If you tell them that you don't work and you are in school they will be very likely to take what you offer because you are essentially judgement proof. You don't HAVE to answer any of their questions either. You don't HAVE to tell them where you work (if you work) or what you own, they WANT you to tell them so that they can assess you money-wise and it also makes their job easier if you voluntarily give up the information. The only time you have to give up this info is if you are sued and the court orders youto submit it.

My parents got sued in NYS Supreme Court for breaking a lease on a piece of farm equipment, the amount they were seeking was around $12,000. They had every right to collect the whole amount too. But my parents had just sold off their farm (which is why they broke the lease) so they had virtually nothing, no more income from the farm and no assets to seize, so my mom made them an offer before the court session of 2.5% and they ended up settling at 5%. So it can be done.

AK lawyer
Jul 1, 2009, 04:33 AM
I got my info from here (reposted for your convenience) --

Statute of limitation for credit card debt, all 50 states (http://www.creditcards.com/credit-card-news/credit-card-state-statute-limitations-1282.php)

State law, scroll to Part 2. Personal Actions, 735 ILCS 5/13‑206

Yes, as I said, if they can provide a written contract, it would be ten years.


... actions on bonds, promissory notes, bills of exchange, written leases, written contracts, or other evidences of indebtedness in writing...

The problem that collection companies frequently have, however, is that the original written agreement has been lost, and so they must proceed on the theory of an open account.

So they would be left with this:


(735 ILCS 5/13‑205) (
Sec. 13‑205. Five year limitation.. . actions on unwritten contracts, expressed or implied, or.. and all civil actions not otherwise provided for, shall be commenced within 5 years next after the cause of action accrued.

JudyKayTee
Jul 1, 2009, 05:42 AM
Yes, as I said, if they can provide a written contract, it would be ten years.

The problem that collection companies frequently have, however, is that the original written agreement has been lost, and so they must proceed on the theory of an open account.


Once again we are in disagreement. I do not see where anyone "must" proceed on the theory of an open account unless/until there is PROOF that the written contract is missing or non-existent.

After discovery and the request for documentation, perhaps SOL is an issue. But I don't see that it's an issue now.

I also don't see that you said "if they can provide a written contract [inappropriate comma], it would be ten years." I see you asking if Wondergirl is referring to a written contract.

jeremyx24
Jul 1, 2009, 08:14 AM
Judy- any advice on what I should/shouldn't say when I call them this afternoon? You've been extremely helpful! Jeremy-

JudyKayTee
Jul 1, 2009, 08:51 AM
Judy- any advice on what I should/shouldn't say when I call them this afternoon? You've been extremely helpful! Jeremy-


I would make an offer on the low side but nothing insulting. You don't have time to waste. Make an offer in a reasonable but low amount, add that you have been able to get the money together for a lump sum payment in order to get out from under this debt. I wouldn't answer questions about other assets, employment and so forth. If they decide to go for a Judgment there will be plenty of time for that to be disclosed.

If they hesitate or say no say you will need some time to see what you can do. End the conversation.

Give it a couple of hours and then call back with a slightly higher but final offer.

You will kind of have to play it by ear, see what they seem willing to accept.

I think you'll do well - let us know.

AK lawyer
Jul 1, 2009, 02:02 PM
I also don't see that you said "if they can provide a written contract [inappropriate comma], it would be ten years." I see you asking if Wondergirl is referring to a written contract.

I'm bad. Should have said "... can't provide a written contract... ". Sorry.

But you're right. Moot. Less than 5 years.

JudyKayTee
Jul 1, 2009, 02:13 PM
I'm bad. Should have said "... can't provide a written contract ...". Sorry.

But you're right. Moot. Less than 5 years.



No problem - sometimes my fingers race ahead of me, too.

jeremyx24
Jul 1, 2009, 02:52 PM
Hey Judy~ thanks for your help! I tried to send you a message but I don't see any way to contact you. I have one quick question for you and I'd prefer to do it over email. Thanks Jeremy~

Wondergirl
Jul 1, 2009, 05:00 PM
Email is XXXX
We aren't allowed to post email addresses here. Please remove yours. You haven't been here long enough to have PM privileges. Answer others' questions so you will enable PMing. And we do our best to not take a thread off the board, so PMing about something in a thread is frowned upon.

Fr_Chuck
Jul 1, 2009, 05:29 PM
I have deleted any post with the email address.
Contracting members and asking questions off the board is not allowed, you can and would be banned for doing this.

jeremyx24
Jul 1, 2009, 05:38 PM
First off, I couldn't edit my post because I didn't have the account for 48 hours. Now I can't pm or show my email address. Delete my account. So long, askme helpdesk.com---this is the most ridiculous website I've ever seen... Thank you Judy and Wonder So delete my account you ing clown---I didn't know this site was ran by Hitler. This site is useless and sheds no privacy

Wondergirl
Jul 1, 2009, 05:50 PM
First off, I couldn't edit my post because I didn't have the account for 48 hours. Now I can't pm or show my email address. Go ahead and delete my account. So long, askme helpdesk.com---this is the most ridiculous website I've ever seen............ Thank you Judy and Wonder So go ahead and delete my account you ing clown---I didn't know this site was ran by Hitler. This site is useless and sheds no privacy
C'mon, Jeremy. Get your head on straight! When there is an established thread that a variety of people are interested in and then the OP takes it off the board to talk privately with an expert, how do you think that makes the rest of us feel? (So far, this thread has had almost 200 "views.") Judy herself is one who has warned others against doing this.

I forgot you are too new to even be able to edit your posts. Sorry about asking you to do that. I wanted you to understand why the email address you posted would soon disappear.

I've been on about six Q&A sites since 1998, and, trust me, this one is managed the best of any of them. Many of the people I knew on those sites have ended up here too, just like me. If you stick around, you will get to know certain people better and understand the rules better. (Any organization will have rules too that you probably won't like much. Name me someone who likes rules... )

PMing is allowed and even encouraged, but not to drag a thread off the board.

P.S. My second son is Jeremy Todd. I named him that before Jeremy got wildly popular in the late '70s and after.

P.P.S. Please don't leave. I want to hear what happens with your debt situation.

jeremyx24
Jul 1, 2009, 05:59 PM
Sorry Wonder for getting ahead of myself. I to was the second son after my brother Mathew. It's just the little things like not being able to edit my post(personal info---I wanted the attorney's names removed, but no that's too much of an inconvenience---are you kidding me? That's just plain ol' selfishness.) until after 48 hrs and not being able to p.m. My case has been solved and I appreciate ALL of the input. I have just one more personal question pertaining to my case and I felt she could answer it best.

Wondergirl
Jul 1, 2009, 06:07 PM
Sorry Wonder for getting ahead of myself. I to was the second son after my brother Mathew. It's just the little things like not being able to edit my post(personal info---I wanted the attorney's names removed, but no that's too much of an inconvenience---are you kidding me? That's just plain ol' selfishness.) until after 48 hrs and not being able to p.m. My case has been solved and I appreciate ALL of the input. I have just one more personal question pertaining to my case and I felt she could answer it best.
Usually the moderators catch personal names and phone numbers and personal emails, then delete them for privacy's sake. Isn't there a line on each screen that says something about "Report inappropriate post"? You could have clicked on that to get a mod to remove something.

I can't remember how many posts you have to do before you start getting privileges. It should be soon for you.

Now I'm very jealous. You want to email Judy but not me. Hrmmmmph.

jeremyx24
Jul 1, 2009, 06:11 PM
Haha I wasn't playing favorites, you can actually answer my question I'm sure. It just seemed like she checked the post a little more often. I did ask ScottGem if he could remove the attorney's names and obviously he was just too busy.

Wondergirl
Jul 1, 2009, 06:15 PM
haha I wasn't playing favorites, you can actually answer my question I'm sure. It just seemed like she checked the post a little more often. I did ask ScottGem if he could remove the attorney's names and obviously he was just too busy.
I just now clicked Report Inappropriate Post for the screen that has their names, so hopefully FrChuck isn't asleep at the wheel and will remove them. (He's a mod.)

Wondergirl
Jul 1, 2009, 06:16 PM
haha I wasn't playing favorites, you can actually answer my question I'm sure. It just seemed like she checked the post a little more often. I did ask ScottGem if he could remove the attorney's names and obviously he was just too busy.
I was home sick all day and have been watching your thread like a hawk.

jeremyx24
Jul 1, 2009, 06:41 PM
Sorry to hear you're not feeling well. Thank you for taking the time to get ahold of FrChuck!

Wondergirl
Jul 1, 2009, 06:47 PM
Sorry to hear you're not feeling well. Thank you for taking the time to get ahold of FrChuck!
So you'll stay here after all? There are some really cool people who post regularly.

Wondergirl
Jul 1, 2009, 06:52 PM
Sorry to hear you're not feeling well. Thank you for taking the time to get ahold of FrChuck!
FrChuck showed up and deleted the entire post that contained the lawyers' names. Hmmm. Not what I asked him to do, but oh well. If this thread gets closed (because we aren't supposed to be chatting on it), post later what happened with the debt thing. I can't wait to find out how much they finally accept.

Fr_Chuck
Jul 1, 2009, 07:13 PM
Caught me in a rather bad day mood. I had to come to this thread over 4 times and do mod just tonight. Sorry

Wondergirl
Jul 1, 2009, 07:20 PM
caught me in a rather bad day mood. I had to come to this thread over 4 times and do mod just tonight. Sorry
Jeremy is new and didn't understand all the rules. I want him to stay, so thanks, FrChuck, for helping clean up this thread. I'm sorry it's been a bad day and hope tomorrow will be better. We all still love you.

Fr_Chuck
Jul 1, 2009, 07:24 PM
Thanks, I am living the child custody issues we talk about.
Actually getting it all filed for modifications but had to work out every detail for the next 8 years that we could possibly think of. What age to allow them to stay alone, and so on and so on

Buddyboy
Jul 3, 2009, 10:38 AM
I do not know where you get your "legal" information but it is NOT correct in my State - NY.

I do not live in NY. There are 49 other states. What is with your ethnocentricity? As I said in my info, this varies from state to state. This is what happened to me and with the exact details I described as it happened. My intent is to share info that I have learned thru this process that may help someone not to go thru what i have. YES, my information is correct in my state.

For starters, the Court has no knowledge of the Summons until the case is filed with the Court. The summons clearly states--In the superior court of...state of...summons..

The Sheriff does not serve the papers. Yes, it was served by the sheriff to my home.

Wages cannot be garnished in every State. yes, my wages have been garnished for 5 month for money that I do not owe while I am awaiting a hearing date in superior court. Yes, not all states can have wages garnished, but one should certainly find that out and be prepared that could be a consequence if ignoring a summons. Fair-debt-collection.com list each state that allows garnishment, how much, etc. Simply googling "what states allow wage garnishment" can answer that quickly.

Because of your intent to tell me what I said is not true, I request that you not comment on any further questions or comments that I may have. I do not intend to argue with you about what goes on in your state of NY again.

JudyKayTee
Jul 3, 2009, 11:14 AM
yes, my wages have been garnished for 5 month for money that I do not owe while I am awaiting a hearing date in superior court. yes, not all states can have wages garnished, but one should certainly find that out and be prepared that could be a consequence if ignoring a summons. fair-debt-collection.com list each state that allows garnishment, how much, etc. Simply googling "what states allow wage garnishment" can answer that quickly.

Because of your intent to tell me what I said is not true, I request that you not comment on any further questions or comments that I may have. I do not intend to argue with you about what goes on in your state of NY again.


Try reading the rules of the site - you may find them informative, particularly directing how posts are answered.

Your post had several errors in it - please cover ALL the bases if you do not know where OP lives instead of making blanket statements.

Your answer is particularly puzzling in view of your thread: https://www.askmehelpdesk.com/other-law/how-default-judgement-due-process-law-370686.html

passmeby
Jul 3, 2009, 11:49 AM
Try reading the rules of the site - you may find them informative, particularly directing how posts are answered.

I've seen this posted a time or 2 before and after looking through the rules, I cannot find where it says that one cannot make a polite request to another member to cease. Yes, there is the ignore feature, but that's not always a good option. There's a few posters whose information is valuable, but sometimes they can be harassing, insulting or not helpful in one small respect yet still have good information, so to ignore, one would miss out on everything that poster had to offer...

I don't see why some people get so upset and vindictive when politely asked to stop. Most of us are adults here, be mature about it. If it appears that someone doesn't like your approach or feels harassed by you and they politely ask you to cease, simply move on. No need to take out your wrath on the other person. Frankly, I am shocked by the immaturity I see here by some senior members from time to time.

Is the only recourse to ignore, then? That's pretty extreme.

ScottGem
Jul 3, 2009, 12:56 PM
I did ask ScottGem if he could remove the attorney's names and obviously he was just too busy.

No I was not too busy, I declined to do so, because what I saw was reference to Case Law, which is public record. In that case, this was not personal but public information and no need to have it removed. If I mistook what you posted and it was not Case Law, I apologize.

As for not getting certain privileges right away. Since there is no full check when someone creates an account we do have people who will create another account to attack other people. If we let new accounts have certain privileges that would trash the boards. So there is good reason why you have to wait.

As for keeping info private, there is a warning about choosing a screen name that can't be traced back to you because our posts often come to the top in Google searches. That's why we try to remove real personal info.

ScottGem
Jul 3, 2009, 01:14 PM
I've seen this posted a time or 2 before and after looking through the rules, I cannot find where it says that one cannot make a polite request to another member to cease.

I'm going to answer this here, but if you want to discuss this further then start a thread in the Feedback forum. I do not want the OP's thread hijacked, which is why I removed most of the posts on this issue.
I have been contributing to bulletin boards like this for over 20 years. During that time, certain conventions of behavior have typified such sites. Two of them have been mentioned here. The first is keeping things public. As Wondergirl pointed out, this thread has over 400 views yet only 46 responses. That means a large number of people have looked in here and may have learned from the discussion. So we prefer that threads be kept public so others can benefit. Another reason is peer review. If you ask a question privately, you may get a mistaken or wrong answer that would not be corrected.

The other issue is the one passmeby asks about. I believe I am the one who has been in the lead on this issue. While we do have rules here, not all of them are written. Some are just by custom. Within the rules of this site we do not want to stifle any contributions to a thread. EVERYONE is free to post their contributions as long as they do not violate the rules. Often the correct or best answer to a question is not something the poster wants to hear. They may not like the answer, no matter how good or correct. Under that doctrine. It is rude to presume to even suggest to a person, no matter how politely, that they don't want any individual to post to their threads or respond to their posts. That is dictating to someone how they can use this site. In the specific case in this thread, the poster posted inaccurate information and that was pointed out. If you don't like being corrected then be more careful what you post! As long as I am a moderator on this site, this will NOT be condoned or sanctioned. Anytime anyone presumes to dictate who can or can't respond, they will be warned that that is not allowed.

I hope this answers your question. If you or anyone want to discuss this further the Feedback forum is the appropriate place, not here.

jeremyx24
Jul 7, 2009, 03:55 PM
Sorry all for being MIA over the last couple days

jeremyx24
Jul 7, 2009, 04:02 PM
Oops got cut off! Anyway, the 4th weekend was extremely busy for me. So here's the deal, I settled over the phone with the law firm handling the case. They said they would need a little under 1300. With the sherriff's drop off of the summons they said I owed close to $2400. I probably could have gotten it lower but this will do I suppose. I just got the letter in the mail from the firm at it states: "re: worldwide asset purchasing II LLC,
xxx,xxx,xxx, and xxx are debt collectors for the captioned creditor. Pursuant to our recent communication, this letter will confirm that we have authority to accept as settlement for the captioned matter the sum of $1300 to be delivered to this office at the following address on or before 7/24/09."

Does this seem legit to you guys? By the way, thanks for all of your assistance in helping me resolve this burden(I know it's my own fault!! )

JudyKayTee
Jul 7, 2009, 04:11 PM
Oops got cut off! Anyway, the 4th weekend was extremely busy for me. So here's the deal, I settled over the phone with the law firm handling the case. They said they would need a little under 1300. With the sherriff's drop off of the summons they said I owed close to $2400. I probably could have gotten it lower but this will do I suppose. I just got the letter in the mail from the firm at it states: "re: worldwide asset purchasing II LLC,
xxx,xxx,xxx, and xxx are debt collectors for the captioned creditor. Pursuant to our recent communication, this letter will confirm that we have authority to accept as settlement for the captioned matter the sum of $1300 to be delivered to this office at the following address on or before 7/24/09."

Does this seem legit to you guys? By the way, thanks for all of your assistance in helping me resolve this burden(I know it's my own fault!!!)


Yes, it seems legit and thorough - without legal nonsense that no one can interpret, anyway.

You did very well!

ScottGem
Jul 7, 2009, 04:19 PM
Looks good to me

jeremyx24
Jul 7, 2009, 04:29 PM
Thanks again guys, I was thinking at first that I should've told them all I could get was the $1,000 but I chickened out. Haha When it comes to legal issues, I'm not so tough! I just wanted to make sure that their letter didn't suggest anything about me paying them and then still owing and I figured you knew better than me. Do you think that this was a fair settlement or do you think I could have gotten it dropped down a tad? Overall, I'm pretty pleased and I don't have court Thursday!

passmeby
Jul 7, 2009, 08:00 PM
Good to see you again, I was anxiously waiting to see the outcome! Thanks a million for coming back and satisfying all our curiosities!

AK lawyer
Jul 8, 2009, 04:29 AM
... I just got the letter in the mail from the firm at it states:
"... Pursuant to our recent communication, this letter will confirm that we have authority to accept as settlement for the captioned matter the sum of $1300 to be delivered to this office at the following address on or before 7/24/09." ...

Before this is all history be sure that you get a copy of an order (or some document actually from the court file) dismissing the case.

jeremyx24
Jul 8, 2009, 04:24 PM
Good idea AK(the original court date was for tomorrow morning, should I call the courthouse and make sure it's been cancelled?) Shouldn't the letter they sent have the total amount owed enclosed in it down to where it was settled? And shouldn't there be something stating that once paid, they will inform the credit bureaus that the account has been settled in full? I may be getting ahead of myself but I was sitting at work today and all of these thoughts about getting worked over started getting to me.

jeremyx24
Jul 10, 2009, 02:49 PM
Bump

jeremyx24
Jul 10, 2009, 04:02 PM
The reason it is starting to get to me is because over the last couple of days I have been doing some research.

1st-I read that since I'm not paying in full the scum company might sell of the existing debt. They said I owe 2400 but will settle for 1300, which leads to 1100 that some other scuzz bucket could collect on

2. The letter they sent doesn't say anything about the amount I owe after giving them the 1300 to make my balance set to $0

3. The first sentence is the meat of their letter and it states, "Pursuant to our recent communication, this letter wioll confirm that we ahve the authority to accept as settlement for the captioned matter the sum of 1300 to be delivered to this office....
It doesn't say anything about it being "settle in full", or "0" balance remaining after I give the 1300. I'm just really sckeptical to give these clowns 1300 and then the account stays open.. What kind of statements should I get in writing before I give these clown the money?

JudyKayTee
Jul 10, 2009, 06:00 PM
They are accepting IN SETTLEMENT. That means IN FULL SETTLEMENT.

If you are uncomfortable with their language, counteroffer with your own language.

I don't see a problem.

Here's my problem - whether they are clowns or not, you owe them the balance plus fees, interest, costs. You are getting off cheap so repeatedly calling them "clowns" is unfair. They are settling for less so I'm not sure how clown-ish they are.

If you are uncomfortable with what they are offering by means of language, request the words FULL AND COMPLETE be added.

We are all volunteers here. I realize you are looking for answers quickly but the "bump" doesn't really get that answer any more quickly.

jeremyx24
Jul 10, 2009, 06:42 PM
It's not the settling I have a problem with, it's me paying the $1300 and then having them sell out the rest of the amount they say I owe to someone else.

Wondergirl
Jul 10, 2009, 07:17 PM
It's not the settling I have a problem with, it's me paying the $1300 and then having them sell out the rest of the amount they say I owe to someone else.
Clarify things like Judy and I advised you. You will be fine. (You're a worrier, aren't you... )

passmeby
Jul 10, 2009, 09:17 PM
Should've got it in writing! Check your credit report to make sure it indicates that this bill has been paid. Sometimes it will say 'paid in full", sometimes "settled for less than owed", either way, it's over. If your report says anything other than that the debt was satisfied in one way or another, you can dispute with the credit bureau it as long as you have the proof to back it up.

ScottGem
Jul 11, 2009, 05:36 AM
3. The first sentence is the meat of their letter and it states, "Pursuant to our recent communication, this letter wioll confirm that we ahve the authority to accept as settlement for the captioned matter the sum of 1300 to be delivered to this office....


Settlement for the captioned matter means settlement in full. As long as the captioned matter refers to the case or account, then they cannot pursue it further,

As Judy said, if you don't like the language ask for language you like.

JudyKayTee
Jul 11, 2009, 07:58 AM
It's not the settling I have a problem with, it's me paying the $1300 and then having them sell out the rest of the amount they say I owe to someone else.


As I said, the wording is fine - IN SETTLEMENT means IN FULL SETTLEMENT. If the debt IS sold and there is attempt to collect the balance, you are protected.

OR request that they change the wording to make you more comfortable.

JudyKayTee
Jul 11, 2009, 08:09 AM
Should've got it in writing!! Check your credit report to make sure it indicates that this bill has been paid. Sometimes it will say 'paid in full", sometimes "settled for less than owed", either way, it's over. If your report says anything other than that the debt was satisfied in one way or another, you can dispute with the credit bureau it as long as you have the proof to back it up.


He DID get it in writing. Do you read the thread before you answer?

AK lawyer
Jul 11, 2009, 08:09 AM
It's not the settling I have a problem with, it's me paying the $1300 and then having them sell out the rest of the amount they say I owe to someone else.

They won't be able to do that.
If they have settled with you, the "rest of the amount" would be zero.

JudyKayTee
Jul 11, 2009, 10:45 AM
[QUOTE=simoneaugie agrees: One does not need to be a moderator to politely identify immature reactions. This is an opinion..[/QUOTE]


Did you read and understand the moderator's explanation of this question? It's #48 of this thread.

The question of asking people not to answer is also here - https://www.askmehelpdesk.com/feedback/suggestion-new-written-policy-372284.html - although it has been closed due to the abusive nature of the responding posts. Ask FrChuck to reopen it and you can explain your position concerning reactions and opinions.