Where do we begin

BeHopeful · 04-06-2007, 11:49 PM

My wife and I are getting into the realm of dealling with creditors and repairing our credit but are a bit ignorant to what our rights are. My wife recieved a summons of sorts from a debt collector that presumably went through the court. She did not answer in the alloted time fram and we are assuming that they have been awarded thier claim. My question is this; do we tell the agency that we have decided to deal only with the creditor and that thier services are no longer needed or are we now legally obligated to the collection agency now.

Edited to remove personal information - Enigma

roybean · 04-06-2007, 11:54 PM

When did you recieve a summons? Once they have a default judgment they can proceed to collect. By not answering the summons you threw away your rights. Was it a large debt?

Enigma · 04-06-2007, 11:56 PM

First of all, welcome to the board.

Second, please do not post personal information.

If you wife received a court summons and she did not answer, then she may have a default judgment entered against her.

We would need to know who the judgment creditor is.

Do you have copies of each of your credit reports?

spinn · 04-06-2007, 11:58 PM

When you say "assume" it implies you arent even sure if it has gone to court yet.

You should first go to the courthouse and get your case file.....if there is one.

You may be able to vacate the judgment but the longer you wait, the harder it will get.

You need to get out in front of this.

I may be wrong on this but if you did not answer in time it does not necessarily mean you will lose, especially if the court date has not occurred yet.

Also...debt collectors have been known to send documents that appear to be from the court but are not.

How did you receive this document.....through the mail...by service in person?

Qtip · 04-07-2007, 12:01 AM

Quote:

Originally Posted by BeHopeful

My wife and I are getting into the realm of dealling with creditors and repairing our credit but are a bit ignorant to what our rights are. My wife recieved a summons of sorts from a debt collector that presumably went through the court. She did not answer in the alloted time fram and we are assuming that they have been awarded thier claim. My question is this; do we tell the agency that we have decided to deal only with the creditor and that thier services are no longer needed or are we now legally obligated to the collection agency now.

Edited to remove personal information - Enigma

How long ago did she received the summons? Provided the CA has a judgment do you want to pay the original creditor or are you on a position to do so?

If they have a judgment they will be looking for assets, if you are unable to pay them you have to protect yourself as they will try to get their hands on bank accounts etc...

Please provide more info without posting identifying information, CA's monitor this boards from time to time and we want to protect you.

jlynn · 04-07-2007, 07:40 AM

Quote:

Originally Posted by BeHopeful

My question is this; do we tell the agency that we have decided to deal only with the creditor and that thier services are no longer needed or are we now legally obligated to the collection agency now.

Edited to remove personal information - Enigma

If there has been a judgment rendered by the court, it is a new debt, and you are obligated to deal with whomever was awarded the judgment.

Like Spinn said, your first step is to go to the courthouse where the summons was issued and get copies of everything in your file.

BeHopeful · 04-09-2007, 02:26 AM

Quote:

Originally Posted by spinn

When you say "assume" it implies you arent even sure if it has gone to court yet.

You should first go to the courthouse and get your case file.....if there is one.

You may be able to vacate the judgment but the longer you wait, the harder it will get.

You need to get out in front of this.

I may be wrong on this but if you did not answer in time it does not necessarily mean you will lose, especially if the court date has not occurred yet.

Also...debt collectors have been known to send documents that appear to be from the court but are not.

How did you receive this document.....through the mail...by service in person?

Thank you for your reply. This debt is less than a couple hundred dollars so if we are obligated to the collection agenct then I would just rather pay it and be done with it. My wife has no debts over a couple of hundred dollars. I just hate dealing with collection agencies and would much rather not if I can avoid it.

roybean · 04-09-2007, 02:33 AM

When I first started trying to resolve my credit issues, CAs had me afraid to look in the mailbox or answer the phone because I didn't know what to do back them. Now that you have found us, open your mail and respond, and since you are new at this I would advise you to deal with CAs in writing unless you are recording your calls.

First things first send for the hard copies of your reports (don't be afraid to look at them) and let's get down to the nitty gritty.

https://www.annualcreditreport.com/c...tformfinal.pdf

spinn · 04-09-2007, 10:23 AM

I dont think they have been sued. I dont even think a case has been filed. I think the CA just sent some official looking docs to scare them....and it seems to of worked.

As for the free annual credit report, why not just call each CRA and say you were denied credit? Doesnt the free report give them 45 days to respond?

hannah · 04-09-2007, 10:43 AM

If there was something wrong with the underlying debt, i.e. she doesn't owe it, wrong amount, etc., depending on your state RCP's she may be able to have it vacated. What state are you in?

roybean · 04-09-2007, 12:01 PM

Quote:

Originally Posted by spinn

I dont think they have been sued. I dont even think a case has been filed. I think the CA just sent some official looking docs to scare them....and it seems to of worked.

As for the free annual credit report, why not just call each CRA and say you were denied credit? Doesnt the free report give them 45 days to respond?

It's 60 days.

drivel · 04-09-2007, 12:32 PM

Quote:

Originally Posted by spinn

I dont think they have been sued. I dont even think a case has been filed. I think the CA just sent some official looking docs to scare them....and it seems to of worked.

As for the free annual credit report, why not just call each CRA and say you were denied credit? Doesnt the free report give them 45 days to respond?

I don't know about that, when you hear hoofbeats, don't think zebras.