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    chef81666's Avatar
    chef81666 Posts: 9, Reputation: 1
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    #1

    Sep 27, 2006, 05:15 PM
    lawyers offices suing for a creditcard
    hi, I just got a certified letter that a lawyers office is suing me. They are the second person to get this acct. I had originally sent them a letter when I received on from them. That stated I am a stay at home mom with triplets and a six yr old and only have one income that a lump sum was not feasible. I told them I could afford 10.00 per month. Which I have been paying. They did not send a letter not agreeing or refusing my money. I also write on my checks when they are sent "paying as agreed" and I have a running balance going on there also 659 less ten and so on. I am up to 619 owing. Now they want court fees attorney fees and other things which comes out to about 889.00 I am doing the right thing by paying my debt. I did not complain only ask that they bear with me and I am making payments. The snowball affect started when I delivered my triplets, I had a payment due which from being in the hospital the week before it was due I was late and when I called and explained they would not remove the late and over limit. My other two did. So the amount piled up from there. I am now however working partime three days a week three hours. I make about 50.00 per week before take home. Sometimes a little more if they have a half day. I don't have any extra but ten to give at this time. The triplets are two and I have a six yr old and one in college, which I can't pay for her to go. I just need help if I have to be heard.
    why did they take my money and then sue me.? We just also got the house out of foreclosure which I can prove. Can anyone help me. Just looking for some answers.

    very much appreciated,
    janet
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,304, Reputation: 7692
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    #2

    Sep 27, 2006, 06:50 PM
    They took your money because you sent it, an amount that is not considered reasonable does not have to be accepted. If you were to send 50 or 60 a month, then it could well be considered a valid offer and the court would take that info consideration.

    Since 10 dollars would normally not even cover interest and costs you would be going into the hole each month just paying that amount.

    And your "as agreed" really means little, since there is no written agreement the agreed to could be they would accept that until they sued you.

    Now of course a letter from an attorney saying they are going to sue you don't mean they are going to sue you. Many collection companies have an attorney on staff and all of their collection letters will seem like they are coming from an attorney. Often these are the lowest of the low of the collection people.

    And so they sue you?? What can they do, they will get a judgement, and you make 200.00 a month with a family so they can get maybe at most 25 percent of 50 dollars if they judge allows that much

    So you write them and tell them this is all you can afford to pay and if they have to sue you do it. That is about all you can do.
    chef81666's Avatar
    chef81666 Posts: 9, Reputation: 1
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    #3

    Sep 28, 2006, 04:41 AM
    Thank you very much for your time. I will try and send a certified letter asking what per month is acceptable to them and state my income.

    I should have not answered this letter?? I did not want to shirk this I am trying to do the right thing and it backfired I guess.


    Janet
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #4

    Sep 28, 2006, 05:47 AM
    No, you did the right thing by answering the letter. Frankly you did everything right from my prospective. But Chuck is right, $10/mth probably doesn't cover the interest. The question is whether they are freezing the amount or its continuing to accrue interest.

    Let them sue. You have proof that you have tried to work something out so they are not likely to fare well in court.
    chef81666's Avatar
    chef81666 Posts: 9, Reputation: 1
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    #5

    Sep 28, 2006, 06:31 AM
    I will and thank you very much for your time.
    Janet

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