Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Bankruptcy & Debt (https://www.askmehelpdesk.com/forumdisplay.php?f=44)
-   -   Can an attorney do this? (https://www.askmehelpdesk.com/showthread.php?t=208958)

  • Apr 23, 2008, 04:30 PM
    florida68
    Can an attorney do this?
    My husband lost his job last year and has yet to find another. Needless to say we have gotten behind in our bills. I am the primary caregiver of my elderly mother who has had a stroke, so I cannot work. I have a debt from GE money bank for $1000. They referred the account to Arrow Financial. I sent a letter Arrow stating what had happened and that I would make small monthly payment of what I could until my husband found a job and then at that time I would contact them to make larger payments. I have made two monthly payments to them. They still turned the account over to an attorney. I did not know that until I was served a summons to appear in court. I received the summons April 18th. I had not received any correspondence from this attorney before this date. April 21st I received a letter dated April 11th stating that they had taken over this account. I contacted them regarding this and tried to ask about having thirty days to respond to this. They would not let me ask anything. They would only insist that I would be receiving something this Friday that says the "court" is requiring me to make at least $40.00 a month payments beginning May 5th. They were extremely rude and kept talking over me. When I tried to ask again why I wasn't informed they had this account before a lawsuit was filed she hung up on me. I went through this with three people! I attempted to fax them a letter. The first page would go through and then it would disconnect. When I called the fax number back it would be busy for along time. I attempted four more times with the same thing happened. Can they legally do this? Don't I get thirty days to dispute before a lawsuit is filed?
  • Apr 23, 2008, 04:57 PM
    Fr_Chuck
    No, they can file a law suit anytime you are in default, you will have a time to respond to the summons, such as ask for verification of the debt, to inform them the debt is not valid or so on.

    Next not sure about the 40 dollar a month, but to be honest if they are willing to settle the debt for 40 dollars a month, it is something you need to jump on that is a very fair offer.

    But after you get a summons from the court, you are given the address to respond to the court, to tell them if you agree you owe, do nothing which says you agree you owe it, or if you are going to appear to fight or to tell the judge what is happening.

    After they get the judgement, then they can do a lot more

    Now expect most collectoin people to lie to you on the phone, that is normal in 90 percent or more, ask that everything be done in writing only.

    Also what is your husband doing to find a job,? Also can he take care of your mother if you were able to work ?

  • All times are GMT -7. The time now is 07:28 PM.