[por2bella]

I received a summons to answer a debt. I thought this debt had been paid years ago, so I called the attorney on the summons. After explaining to him I thought the debt had been paid a couple of years ago, he said I knew it hadn't been because in 2008 I called the collection agency (which was not them) and told them to stop harassing my place of work. At that time that collection agency would not send me any documents showing me what the debt was for. They were calling my office and hitting random phone extensions and then telling people I was a low life for not paying my bills. I phoned them to to tell them to stop calling because my HR department was furious with me. Again, they never sent me any documents.

Now 3 collection agents later (so he told me on the phone) they are suing me? The original debt was for $1,000 and now there is $5,000 in interest and fees? I never heard about this again after the call I made in 2008 when I didn't even know what the debt was. I do remember having this credit card. It was one of many bills my soon to be ex husband said he had paid (but didn't). I have not received anything in the mail or any phone calls regarding it until this summons. He told me he would not accept anything less than $200 a month payment, which I can not afford. He was a real peach to talk to, a real jerk to be honest. He said, see you in court and then hung up on me.

He had asked me if I remember the card and I said I did. Can I now deny this after admitting on the phone? I don't have a problem paying the debt if it wasn't paid, but $5,000 in fees? Really? I don't know how to answer the summons or what my approach should be. Looking for guidance.

Thank you for taking the time to read.

[JudyKayTee]

No one will here will advise you to lie on Court papers.

Is it your debt?

Whether you deny it over the phone when the papers are served on you request documentaiton of the debt.

I don't think a $200 a month payment on a $6,000 (apparently) debt is unreasonable.

Fees and interest add up very quickly - when you are served, ask to see a breakdown of the debt.

[por2bella]

I don't think a $200 a month payment on a $6,000 (apparently) debt is unreasonable.

It isn't about being reasonable, it's about being affordable.

[JudyKayTee]

It isn't about being reasonable, it's about being affordable.

If $200 a month isn't affordable to you - you are unable to come to an agreement with the creditor - then the creditor will probably (if the creditor can prove the case) obtain a Judgment against you and enforce it according to the laws of your State, possibly for the next 20 years.

Is this your debt?

If it is a debt of your ex-husband and not your debt that is your defense and/or if a Judgment is obtained against you, then you sue him for that amount.

Creditors don't have to work out a plan that is affordable to you - unfortunately. If you agree to $200/month it will take 30 months to pay it off, plus interest will continue to accrue.

[ScottGem]

You answer the summons with a simple statement of your Intent to Defend and request a hearing. You then send a copy of the letter to the plaintiff requesting verification of the debt.

Then see what happens in court.

[por2bella]

I see...

So, do I submit in my answer to the court and Plaintiff what I can afford to pay monthly? Is that the point to the request of answer? It isn't very clear...

Thanks again...

[ScottGem]

No, at this point you don't say anything about payment. You simply want them the verify the debt.

[por2bella]

Great, very helpful...

One last question (I think). This was originally opened in 2005. That bank was then bought by another. Then it went to collection and was bought by other collection agents. Does the statute of limitations start from the original opening date of 2005? Or does it default to the date this collection agency bought the debt?

[JudyKayTee]

The statute runs from the last activity BY YOU on the account - a payment, a charge.