[lrhall41]

That bought 8 of my credit cards and they want their $20,000. I do not deny that I owe that amount, even though the amounts are higher, but asking them to validate and send me receipts is going to make my amount owed higher, because I have to pay for attorney and court costs. So lets say that I agree to owe that amount, and I want to make a payment plan/arrangement. I know that they do not have to accept the plan, but I am actually looking for a sample letter to respond to them and the court explaining my offer. Anyone out there has one?
Thanks.

[mr.yet]

See this post:
https://www.askmehelpdesk.com/bankru...aus-51714.html

File notice of intend to defend and demand strick proof of their claim, demand the original contracts, nothing less, no contract, no claim. Deny all until they produce them.

[lrhall41]

But they are going to charge me for all of the work they are doing. That is going to increase the debt amount. I am just trying to send them a letter answering and making a payment proposal. Where can I find one?
Thanks.

It seems like this company (Tri-Cap Investment) purchased all of my accounts that were listed when my bankruptcy didn't go through in 2005. It was dismissed. I never contacted the companies and then, this last weekend I was served with a summons from this collector indicating that they have filed a lawsuit. I am not quite sure if asking them to validate the debt will be a good route or should I tell them that I agree and try to make a payment plan.
Thanks.

[ballengerb1]

Two questions: how old is the youngest debt and do you understand that they are not the original company. Sounds like they bought and old debt. Do not send or say anything until you give us more info and get more honed advice.

[mr.yet]

If you don't file notice of intend to defend, they will obtain a summary judgment, garnish you wages and any account they can find.

If they get the judgment they most likely will not agree to anything you want, so call them to see if they will accept a payment plan.

[lrhall41]

Mr.Yet, so where do I find this Notice of Intent to Denfend. I have 20 days from Saturday to do this. Also, I looked it up but I am the head of household and in Florida my wage is exempt. I do own a house and a car, and I am not sure if they can take the car even though it is not worth $20,000. Only $5,000. I was planning getting me an expensive car this weekend so they can not take it, because I will owe more than it is worth, but do not know if that is a good idea. Please advise.
Thanks.

[ballengerb1]

Keep in mind that the statute of limitations starts to run when you made your last purchase or payment, not when Tri-Cap bought your debt. The statute may have run out, its 2 to 6 years depending where you live. Do not pay or promise to pay until you are sure the SOL has run out. Any payment or promise of payment will re-start the SOL.

[mr.yet]

WHat state are you in? Sorry saw it, sometimes it is on the summon you received check out the paperwork

[lrhall41]

I am in Florida and where do I get the letter that I have to send to the attorney and to the court?
Thanks.

[lrhall41]

Just wanted to update you guys. I typed up a letter denying owing anything and requesting documentation (originals) on everything and too it to the courthouse, filed it and sent a copy certified to the attorney. All of thi swas done yesterday. I will let you know what happens.
Thanks for all of the great information that I have received here.

[DebtC]

I also did last Sunday received a summons in state of Arizona. My debt was in 2002 and I am getting confusing information. SOL for open account is three years but I have informed that they look at when you applied for a credit card and consider that as a written agreement.

But like to request a letter so that I can send it out.