I just received a court summons.Delivered by sheriff.I am being sued by Sessoms & Rogers who are representing a collection agency who bought the account from another collection agency whome purchased it from original lender.I know how this law firm works as they just sued me in July for another account.Of course then I had no idea I should respond to the summons and they got a default judgement and I ended up paying 3 times what the original debt was.So I am smarter this time I know to reply.Here is where I need some help, please.I think the SOL in my state, of NC, is 3 years.I pulled my Equifax credit report and the original debtor shows last payment and first delinquency being 05/2005, which is accurate.The current collection agency shows a different last payment being more current from the original creditor, which I have never even spoken or had any contact with this company whatsoever besides requesting validation of debt, but they do show the first delinquency being 05/2005.So which do I go by in regards to SOL the original creditor or the collection agency and which does the court go by in considering SOL date of last payment or date of first delinquency? The collection company is trying to make it appear I have made payments to them when I have not so that would make my date of last payment with the collection agency seem more recent, how they show it on my credit report. So what can I do to verify this is innacurate?I requested validation of debt over and over and they ignored it all and now I am being sued.I am working on writing a validation letter to the attorneys office and responding to the summoms and wanted to mention the SOL in NC is 3 years and it has been over 3 years but not sure if I am going about figuring the SOL correctly so I need help.I know I have not made any payments whatsoever or had any contact since 05/2005 to anyone so the collections date of last payment is wrong.Their first delinquency date is correct.The original creditor has both dates correct.Any suggestions?
Thanks so much!
Before doing anything else, you should first file a response to the court summon so that you can avoid a second default judgment. After filing a judgment, you can send a debt validation letter by certified mail to Sessoms & Roger only if you have not yet sent a DV letter by certified mail. However, if you have already send it by certified mail, you need not send any DV letter further. After filing a response to the summon you will get a court date where you may show up the receipt that you have asked for DV which the creditor has not validated. I am sure that there will be no judgment against you.
Hi sahm
Yes, the Stature of Limitation in North Carolina in 3 years and since your 3 years has already expired since you made the last payment, you need not pay back the debt. However, if you make even a single payment towards the debt, the SOL may rewind the creditor can bring judgment against you to recover the outstanding debt in full. I think that you should consult an attorney before making any further payment towards the debt.
Okay all these remarks are right on the money. Lets just say now that they do validate and when it gets to court they see the new date that was just convienently added by a past collector. It is illegal for them to update the payment but how does he prove it? Any ideas? Of course he would have the credit report that would show the first default date but that may not be enough. He wouldn't have receipts since he didn't pay this new collector? I am just wondering how someone could prove to the court they in fact never made a payment when collectors renew the last payment. Wouldn't they (the court) have to make the new owner get something from the previous owner of the debt to sheow an actual payment was made?
Yes fireyone, that is what I need to know now.How do I prove that I never made a payment to the collection company? They are lying about the date of last payment I feel in order to try to collect the debt because the real last payment date,the one the original creditor has that is correct, puts the account over 3 years.I have requested validation from collection agency before they sued me but they never would send anything.The first I heard from the attorneys office was the summons I got, so I should still have 30 days to send them a validation letter and as well I will answer the summons.But I need to know how to prove the collection agency is lying about last payment date.There is nothing that I have from them since I have never worked with them at all, no statements or anything and worried their illegal updating last payment date is going to hurt me if I cannot find a way tro prove this.
Hi Guest
You should ask them to show you the proof of the last payment date they are talking about. If you have made any payment to the CA, then they must have some bank transaction number which will prove the transaction. Now even if they take you to the court, they cannot bring judgment against you if you have the return receipt for the debt validation letter you have sent them. However, you should always file a response to the summon within 30 days of receipt else the CA can take advantage of it and bring out a default judgment against you.
Justin, He is saying that he never made a payment and they just renewed the SOL. You need to send them a certified letter demanding proof showing the last payment that was made on this debt. If they do not respond you have this proof and the fact that they did not validate that should cause you to win in the ;awsuit. Can you prove they did not even validate the debt? When you sent them a request was it by certified mail? If so that alone will cause them to lose. They HAVE to provide you with the debt vbalidation with in the 30 day period or they won't win in court.
Yes, if you are sure that you have not make any single payment to the collection agency, you need not contact the CA further. However, if you receive a court summon, you need to file a response to the summon else a default judgment may be passed against you. Although you can vacate the default judgment, after it has been passed, it is better to avoid the judgment. In the court you can ask for proof from the creditor about the payment they claim you have made and you can be sure that they cannot prove it.
Ok then this would keep you protected. Thsi is what I was hoping for. I have heard of creditors trying to do this and even put a new post on it trying to get you some info. I am glad that Carol has given you a good answer. Please check back with us and let us know how you are doing. If you need any more questions answered feel free to ask. Good luck
Update and Still In Need of Help!
I did send my validation requests via certified mail.I got a letter from them today that is 8 lines total that shows my name, the origial creditor and the creditor the law firm is representing, and the balance on the account.That is all the attorneys office sent!! I mentioned I wanted verification of last payment cause I knew it has been over 3 years and they informed me by law they sent all the needed since they are not the orignal creditor and the original creditor is not sueing me all they have to send me legally is the paper showing my name,orignial creditor,collection agency and who they are representing and the total amount due!! I argued that I KNOW 100% without a doubt I have not made any payments in over 3 years yet their client, the CA, shows I made one 7 months after the REAL last payment and he laughed and said good luck getting the judge to hear you out and do anything on that one. I have NO PROOF of this besides I can get my bank statements showing monthly all the payments made then the month in which I stopped making payments and show I never paid any more after May 2005 but I am afraid it won't be enough.As of now the CA has on file my last payment date being 12/05 so that puts the SOL now next month before running out but the last payment date they have is a lie they did this just to be able to still sue me plain and simple!I do not know what to do.I am so nervous about court and them winning over something illegal they have done and I cannot afford an attorney to help me in this matter.I have my credit reports,can get bank statements, but that is it.What else can I do? Can I not FORCE them somehow to verify the last payment they claim I have before going to court? The lawyer laughed and told me no.I know I have not made any payment to this CA never even spoken to them besides to send validation letters.Oh and the CA claims they sent the validation letters and I am lying, I NEVER received anything why would I pay to send certified letters twice if I got something? Then the lawyer like I said claims the simple 8 line paper he sent that shows absolutely no payments, fees, or charges or anything just total balance is enough in the courts for them to win.I feel helpless against these attorneys.Any suggestions?
Yes, you should ask them by certified mail to send you the proof of your payment they claim that you have made. If they do not send you any such information, you have an instrument against them in the court. You can produce the receipt to the court or you can also ask them for the proof in the court that you have made a payment. However, now you should not make any payment towards the debt if you are sure that the SOL has already expired. You may also consult a lawyer for the same.
iam paying on one collections and another one says i owe for that one do i have to pay twice for the same collections
PAYING TWO
DOROTHY, THE NORTH CAROLINA GOV SIGNED INTO LAW AND IT TAKES AFFECT THIS MONTH,THAT PROTECTS THE CONSUMER FROM UNFAIR DEBT COLLECTORS THAT WORK FOR DEBT BUYERS.THEY NOW MUST PROVE THAT THEY HAVE THE RIGHT TO ENFORCE THE DEBT AND BE ABLE TO VERIFY THE AMOUNT OWED.AND THAT THE STATURE OF LIMITATIONS HAS NOT RAN OUT.BUT I BELEIVE YOU HAVE STARTED THE CLOCK ON THE DEBT OVER BY PAYING THE DEBT COLLECTOR DO NOT START PAYING THE OTHER ONE FOR THE SAME BILL GET SOME LEGAL HELP.ALSO THEY CAN NOW BE FINED 4,000.00 FOR EACH OFFENSE.ARE YOU FROM NORTH CAROLINA?
Sahm & Guest
I have recently been in your shoes with Sessoms & Rogers. MY situatuin was a little different--they bought a debt I didn't owe. I represented myself in court and told the judge I didn't owe this debt. I checked my credit records and not only had S&R already reported it but they had completely different dates than the original creditor. the original creditor had also changed some dates I'M SURE THIS WAS SO THEY COULD SALE THIS DEBT. Look @ your credit history which records monthly payments by showing * most likely this will not jive with what the creditors have changed. I tried to show this the first time I was summoned to court for summary judgement but it did't seem to matter because this hearing only determines one thing, if they can get a judgement based on your not responding to the inter. or disc. If you can present anything to make the judge deny the judgement then you can fight. IF YOU ADMIT IN WRITING THAT YOU OWE THIS DEBT THEY WILL DEFINATELY GET A JUDGEMENT---FILL IN EVERY SPACE WITH DENY EXCEPT THE ONES WITH YOUR NAME ADDRESS AND THEY SENT YOU THE QUESTIONS. (Believe it or not this advice was actually given to me by an attorney representing S&R against another defendant in court the same day they were seeking judgement against me) This same attorney also encouraged me to fight by saying--REMEMBER--THEY HAVE THE BURDEN OF PROOF! Before I left court that day the judge ordered the S&R representative to give me a copy of the Inter. and encouraged me to get council. 2 out of 2 attorneys I talked with said the simplest and most economical way to handle this was for me to pay them to help me with paper work. Not only did the attorney fill in DENY for every response except the above mentioned ones, he had me to send S&R my own Inter. and Dis. questions like---whne they purchased the debt, what was their intent, how did they verify I owed this debt., who could they produce to swear to this debt in court..... this made them have to give me the info or admit they didn't have it because--you make 3 copies,take all of the to the clerks office to have stamped with a file date, leave the original,send one copy to S&R and you keep the other. They must respond in 30 days unless they ask the court in writing for a 30 day extention--which they will get--but still they have to provide the answers or case closed---this will get you the proof you need that they have no proof, no dates--Oh! We also asked for oringinal documents and even a signed agreement between the orginal creditor--my attorney said he knew they had NONE of this would have to show it to prove their claim.
this puts you back in control and mades them have to prove their own case. Their response to every ? in asked was OBJECTION and then some lame answer like--defendant should have these things in her posession but, that told everyone they had no proof.
THE STATUE OF LIMITATIONS IS 3 YEARS IN NC--although my case was that I did not owe this debt. the first thing my attorney said when he looked @ my case was---YOU KNOW THE SOL IS UP ON THIS--I called the clerks office and got a date to take them to court to change my plea---no one showed to represent them, so the judge allowed,then I got another date to dismiss an this was the first document I sent CERTIFIED MAIL. The attorney kept saying all I needed to do was attach a CERTIFICATE OF SERVICE to anything I sent them and file a copy in the clerks office. In response to my sending them INTER ?s to answer, they sent me a DEMAND TO PRODUCE DOCUMENTS. they wanted credit reports--I only sent them what was involved in this matter, they wanted checking and savings accounts---I found out that to get bank records over 1 yr old the fees are outrageous this would have cost me between $300-$700. I was really worried and afraid what would happen if I didn't send them--my attorney had me get estimate statements from the bak, we sent S&R aletter saying if they wanted them they could pay for them and we heard noting else of that. I called the clecks office again, got a date to ask the court to DISMISS, sent it as mentioned above, a few weeks later I got a copy of a letter S&R sent to the court voluntarily dismissing.
I know it's a long response and some days when I had to type letters or run back and forth to the clerks office or just couldn't rest at night because of this mess I promised that I would use this experience to help someone else--I hope this helps you!
STAY ENCOURAGED--FIGHT!!!!!
It is a lot of work. I am glad that you hung in there, Congrats!!!!
@Cookie
Cookie, your story is the exact same as mine, except I retained a lawyer to represent me before I recieved the summary for judgement...long storey later, as far as I can tell there was a hearing and I was not represented and a judgement was filed against me. I only found out because I checked my credit report and found the judgement all ready posted!! I have not been able to get a response from my lawyer and I have recieved my first letter from the same company you noted. They have been retained by the judgement holding firm to collect the debt in almost double amount! I am in NC and need help!
wait..are you saying that you retained a lawyer and he/she failed to represent you at a hearing and a judgment was entered against you? if so...that is called MALPRACTICE!! If this is the case, this might explain why you can't get a response from your lawyer--cause he knows he made a big boo-boo. If the facts are as I am interpreting them to be, I would write that attorney a letter telling him he has X number of days to contact you or else you will file a bar complaint. No attorney wants a bar complaint. Use those two words and watch how fast he/she calls!
Sessoms and Rogers
I have been served with a motion to claim exempt property I had an default judgement placed against me back in 2006 I have paid these people 1519 for a computer that was not worth it back in 2004 when I bought it in any case my last payment was in 2009 and I got served with the exempt property papers on December 31 2012 are there any statue of limitations against this I am in nc
Sessoms and Rogers
I have been served with a motion to claim exempt property I had an default judgement placed against me back in 2006 I have paid these people 1519 for a computer that was not worth it back in 2004 when I bought it in any case my last payment was in 2009 and I got served with the exempt property papers on December 31 2012 are there any statue of limitations against this I am in nc
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