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!
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Need help
Who enjoys,
Decided to buy a product in shope but they take a pay E-CHECK
Who benefited from this scheme? It is safe?
You must have your bank account?
Hi mbmarsh50
First of all you should file a response to the summon and then you can ask for debt validation by sending them a certified mail. You can also visit the link http://www.creditmagic.org/summon/sessoms-and-rogers.html where you can find the answer to your query.
Hi MilkaJunkies
As far as I know, e checks are online transactions. Whenever you buy something online and pay through your bank account or credit cards, an e check is generated in the name of the organization to whom you are paying for purchasing the commodity. But I have no idea about payment by e checks when you yourself is out to purchase the commodity.
You should take the copy of your equifax repart to court when the time comes to prove the SOL. You will have to answer the summons in the mean time. Have you checked all three of your reports? You can at the www.freecreditreport.com website. I pulled two of mine so far this year and the one I was watching due to the SOL was a different date od last payment on each report. I am not sure how one report could differ from the pther but it did. It also had two different fall off dates on it. Go ahead and check your other reports to see if any differ but I would still use that equifax report as defense that the SOL was up by the time they sued. If teh other two say the same thing take them with you too.
help me buy a house
IT SOUNDS LIKE THE COMPANY YOU ARE TALKING ABOUT IS UNIFUND,And what they did was go into your c redit report and c hanged the dates.and that my friend is against the law.you need to report them to the law and sue them for tampering with your c redit report.
Hi Huslerk
Yes, you can sue them to the court, but before that you should ask for debt validation. Before suing them, you should file a complaint against them to the Federal Trade Commission and I am sure that they will remove the items reported in your report if it is not correct. If you want to sue them, you can send a intent to sue letter to the creditor.
past due credit card bill---judgment by Sessoms ogers
I lost my job over a year ago and was not able to pay a gas credit card. unifund CCR partners turned it over to Sessoms & Rogers. I have a letter from the sheriff's office that my house will be sold if I don't settle it in a few days. Can this be done. I paid on the bill until I lost my job
Hi Louise
The creditor cannot sell your house to recover the unsecured credit card debt. They can either bring judgment against you either to garnish your bank account or your wages or put a lien on your property so that before you sell your property, the debt must be paid. I think that you should send a debt validation letter to the collection agency and check whether they are authorized to collect the debt or not.
Yes, I agree with Justin. You can send a debt validation letter at the following address:
Sessoms & Rogers, P.A.
P.O. Box 52508, Durham, NC, 27717 or call them at 919-688-1000.
If you get the debt validated, you can settle the debt for 40 to 50% of the outstanding debt amount. However, before you pay off the debt, you should get the settlement agreement in writing.
DEBT VALIDATION
TO JUSTIN,AND MARY, I HATE TO BE THE BEARER OF BAD NEWS BUT SESSOMS&ROGERS WILL NOT GIVE YOU DEBT VALIDATION. THEY WILL SEND YOU ANOTHER LETTER AFTER YOU ASK,FOR IT BUT IT IS NOT DEBT VALIDATION.AND ABOUT A MONTH AFTER. YOU ARE GETTING A SUMMONS IN THE MAIL FOR YOU TO PICK UP YOUR PAPERS FOR A POSSIBLE LAWSUIT.IN IWHICH YOU HAVE 30 DAYS TO ANSWER.
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