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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'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

Originally Posted by Buddyboy

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

Originally Posted by jeremyx24

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

Originally Posted by jeremyx24

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

Originally Posted by JudyKayTee

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

Originally Posted by JudyKayTee

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

Originally Posted by AK lawyer

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

Originally Posted by AK lawyer

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

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

Originally Posted by jeremyx24

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

Originally Posted by Wondergirl

Yes, Illinois is ten years SOL.

This says 5 years.

Are you perhaps thinking of a "written contract"?

Wondergirl · Jun 30, 2009, 07:20 PM

Originally Posted by AK lawyer

This 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

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