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
|
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
Also, I do not see the edit button. I need to edit the post and canot locate it!
Were you properly served with process (the summons and a copy of the complaint)?Quote:
Worldwide has decided to sue me by giving me a summons.
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.Quote:
The debt they say I owe is $2200. I don't recall but I believe my limit was $1500
That's curious. It's normally like 20 days, but call the clerk of court and find out.Quote:
My summons doesn't have a date in which I needed to reply.
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.Quote:
... the court date is for next Thursday the 9th of July.
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.Quote:
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)
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.Quote:
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?
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.
Quote:
Originally Posted by Buddyboy
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.
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!
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 -
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?
Also, should I contact Worldwide, the attorney, or the firm that I have listed to try and settle?
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.Quote:
Originally Posted by jeremyx24
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?
Quote:
Originally Posted by jeremyx24
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.Quote:
Originally Posted by JudyKayTee
Illinois is not New York.Quote:
Originally Posted by JudyKayTee
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.
Quote:
Originally Posted by AK lawyer
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.
It's ten years in Illinois.Quote:
Originally Posted by AK lawyer
Statute of limitation for credit card debt, all 50 states
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.Quote:
Originally Posted by jeremyx24
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.)
This says 5 years.Quote:
Originally Posted by Wondergirl
Are you perhaps thinking of a "written contract"?
I got my info from here (reposted for your convenience) --Quote:
Originally Posted by AK lawyer
Statute of limitation for credit card debt, all 50 states
State law, scroll to Part 2. Personal Actions, 735 ILCS 5/13‑206
I read a book a long time ago entitled "Stop It", it's all about debt collecting, their tricks and tactics and how to stop them and deal with them. There was a chart in this book that mapped a deb collector's expectations of collecting the debt and how much they anticipate to collect as time goes on. At only 6 months after you default, the expectation was alredy down to 50% of what you owe and steadily declined after that to near 0% at 1 years time. You said it has been 4 years. Offer them 5%. Tell them you don't work and that this is all you can afford. They will want you to beg, borrow or steal to pay them off, just keep saying that 5% is all you can afford and don't waver. If you tell them that you don't work and you are in school they will be very likely to take what you offer because you are essentially judgement proof. You don't HAVE to answer any of their questions either. You don't HAVE to tell them where you work (if you work) or what you own, they WANT you to tell them so that they can assess you money-wise and it also makes their job easier if you voluntarily give up the information. The only time you have to give up this info is if you are sued and the court orders youto submit it.
My parents got sued in NYS Supreme Court for breaking a lease on a piece of farm equipment, the amount they were seeking was around $12,000. They had every right to collect the whole amount too. But my parents had just sold off their farm (which is why they broke the lease) so they had virtually nothing, no more income from the farm and no assets to seize, so my mom made them an offer before the court session of 2.5% and they ended up settling at 5%. So it can be done.
Yes, as I said, if they can provide a written contract, it would be ten years.Quote:
Originally Posted by Wondergirl
The problem that collection companies frequently have, however, is that the original written agreement has been lost, and so they must proceed on the theory of an open account.Quote:
... actions on bonds, promissory notes, bills of exchange, written leases, written contracts, or other evidences of indebtedness in writing...
So they would be left with this:
Quote:
(735 ILCS 5/13‑205) (
Sec. 13‑205. Five year limitation.. . actions on unwritten contracts, expressed or implied, or.. and all civil actions not otherwise provided for, shall be commenced within 5 years next after the cause of action accrued.
Quote:
Originally Posted by AK lawyer
Once again we are in disagreement. I do not see where anyone "must" proceed on the theory of an open account unless/until there is PROOF that the written contract is missing or non-existent.
After discovery and the request for documentation, perhaps SOL is an issue. But I don't see that it's an issue now.
I also don't see that you said "if they can provide a written contract [inappropriate comma], it would be ten years." I see you asking if Wondergirl is referring to a written contract.
Judy- any advice on what I should/shouldn't say when I call them this afternoon? You've been extremely helpful! Jeremy-
Quote:
Originally Posted by jeremyx24
I would make an offer on the low side but nothing insulting. You don't have time to waste. Make an offer in a reasonable but low amount, add that you have been able to get the money together for a lump sum payment in order to get out from under this debt. I wouldn't answer questions about other assets, employment and so forth. If they decide to go for a Judgment there will be plenty of time for that to be disclosed.
If they hesitate or say no say you will need some time to see what you can do. End the conversation.
Give it a couple of hours and then call back with a slightly higher but final offer.
You will kind of have to play it by ear, see what they seem willing to accept.
I think you'll do well - let us know.
I'm bad. Should have said "... can't provide a written contract... ". Sorry.Quote:
Originally Posted by JudyKayTee
But you're right. Moot. Less than 5 years.
Quote:
Originally Posted by AK lawyer
No problem - sometimes my fingers race ahead of me, too.
Hey Judy~ thanks for your help! I tried to send you a message but I don't see any way to contact you. I have one quick question for you and I'd prefer to do it over email. Thanks Jeremy~
We aren't allowed to post email addresses here. Please remove yours. You haven't been here long enough to have PM privileges. Answer others' questions so you will enable PMing. And we do our best to not take a thread off the board, so PMing about something in a thread is frowned upon.Quote:
Originally Posted by jeremyx24
I have deleted any post with the email address.
Contracting members and asking questions off the board is not allowed, you can and would be banned for doing this.
First off, I couldn't edit my post because I didn't have the account for 48 hours. Now I can't pm or show my email address. Delete my account. So long, askme helpdesk.com---this is the most ridiculous website I've ever seen... Thank you Judy and Wonder So delete my account you ing clown---I didn't know this site was ran by Hitler. This site is useless and sheds no privacy
C'mon, Jeremy. Get your head on straight! When there is an established thread that a variety of people are interested in and then the OP takes it off the board to talk privately with an expert, how do you think that makes the rest of us feel? (So far, this thread has had almost 200 "views.") Judy herself is one who has warned others against doing this.Quote:
Originally Posted by jeremyx24
I forgot you are too new to even be able to edit your posts. Sorry about asking you to do that. I wanted you to understand why the email address you posted would soon disappear.
I've been on about six Q&A sites since 1998, and, trust me, this one is managed the best of any of them. Many of the people I knew on those sites have ended up here too, just like me. If you stick around, you will get to know certain people better and understand the rules better. (Any organization will have rules too that you probably won't like much. Name me someone who likes rules... )
PMing is allowed and even encouraged, but not to drag a thread off the board.
P.S. My second son is Jeremy Todd. I named him that before Jeremy got wildly popular in the late '70s and after.
P.P.S. Please don't leave. I want to hear what happens with your debt situation.
Sorry Wonder for getting ahead of myself. I to was the second son after my brother Mathew. It's just the little things like not being able to edit my post(personal info---I wanted the attorney's names removed, but no that's too much of an inconvenience---are you kidding me? That's just plain ol' selfishness.) until after 48 hrs and not being able to p.m. My case has been solved and I appreciate ALL of the input. I have just one more personal question pertaining to my case and I felt she could answer it best.
Usually the moderators catch personal names and phone numbers and personal emails, then delete them for privacy's sake. Isn't there a line on each screen that says something about "Report inappropriate post"? You could have clicked on that to get a mod to remove something.Quote:
Originally Posted by jeremyx24
I can't remember how many posts you have to do before you start getting privileges. It should be soon for you.
Now I'm very jealous. You want to email Judy but not me. Hrmmmmph.
Haha I wasn't playing favorites, you can actually answer my question I'm sure. It just seemed like she checked the post a little more often. I did ask ScottGem if he could remove the attorney's names and obviously he was just too busy.
I just now clicked Report Inappropriate Post for the screen that has their names, so hopefully FrChuck isn't asleep at the wheel and will remove them. (He's a mod.)Quote:
Originally Posted by jeremyx24
I was home sick all day and have been watching your thread like a hawk.Quote:
Originally Posted by jeremyx24
Sorry to hear you're not feeling well. Thank you for taking the time to get ahold of FrChuck!
So you'll stay here after all? There are some really cool people who post regularly.Quote:
Originally Posted by jeremyx24
FrChuck showed up and deleted the entire post that contained the lawyers' names. Hmmm. Not what I asked him to do, but oh well. If this thread gets closed (because we aren't supposed to be chatting on it), post later what happened with the debt thing. I can't wait to find out how much they finally accept.Quote:
Originally Posted by jeremyx24
| All times are GMT -7. The time now is 02:09 AM. |