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i had a collector call and tell me i missed a court date and now if i dont pay the settlement due on my old visa bill from 2004(which that payment was to a collector not visa) they were going to come and take my car.
first off, i never recieved anything for any court date. so when he said that i was like what. and he said yes u had a court date and u failed to appear. i was wondering if this collector has the right to come take my car and hold it til they get the payment recieved????
please help
Have you ever received a court summon? If you have not received a court summon, then how can you get a court date. This means that they may be lying. You can send a debt validation letter by certified mail first to be sure whether the CA has the right to collect the debt. If they cannot validate the debt, within 30 days of receipt of the letter, they cannot continue further to collect the debt. Moreover, you can always ask for a copy of the judgment when from the creditor. Since it is not a auto loan debt, the creditor cannot take away your car without a judgment order.
Yes, Justin is right. You need not worry about it and immediately send a debt validation letter by certified mail. If they cannot validate it properly within 30 days of receipt of your letter, they have to stop collecting your debt as per the FDCP Act. But if they still harass you for the debt without validating it, you can send them a cease and desist letter. However, C and D letter should be your final weapon against the collection agency. Can you tell us in which state are you from so that we can check whether the SOL has expired or not?
There also should be a way she can go down to her county courthouse ans see if there is a judgement herself. I know the collector still has to prove there is but we all know how long thay can drag this out...and 30 days is a longtime to worry about it. At my courthouse (I imgine most are like this) you can walk into one of the offices, I believe the Clerk of Courts, and they should have computers set up there for the public that people can enter their name and look to see if there are any judgements out there. Also there is always someone that can verify if or if not a judgement was entered. I would suggest that the poster go to her courthouse and look into this. It would bring piece of mind and not only that she would know for a fact if they were just trying to use this as a scare tatic.
There also should be a way she can go down to her county courthouse ans see if there is a judgement herself. I know the collector still has to prove there is but we all know how long thay can drag this out...and 30 days is a longtime to worry about it. At my courthouse (I imgine most are like this) you can walk into one of the offices, I believe the Clerk of Courts, and they should have computers set up there for the public that people can enter their name and look to see if there are any judgements out there. Also there is always someone that can verify if or if not a judgement was entered. I would suggest that the poster go to her courthouse and look into this. It would bring piece of mind and not only that she would know for a fact if they were just trying to use this as a scare tatic.
I live in southern california.
the guy was a real jerk and was real mouthy w/me. he said that they wanted full amout in 1 payment. i told him i am on ssi and there is noway i can possibly pay the 5,000.00 in which he said was owed. and he said well you are driving a 22,000. dollar car. you think u can just buy what u want and not pay it back. i was like omg. at the time i had the card i had a job. i lost that job because i was sick alot and didnt make it to work. which almost a yr later i was diagnosed w/ CHF. i told him my moms name is also on the registration in which she pays for 1/2 the monthly payments because i am on ssi and i cannot afford payments alone. i asked him is there anyway i can make a monthly payment til paid off. and he said how bout 400.00 for 4 months and debt would be done. but after that his attitude got really bad and i wont get into whole convo.) so my mom got on he phn w/him and she said they could take the monthly payments from her credit card. well, he told her they wanted full lump sum of 1500. and so she agreed and he transfered it to some lady. she got my moms info. and then gave her a conformation #. then bout 5 minutes later he calls her back. he says his boss said no. they want 1,900.00. and she said well u already agreed to 1,500.00 and she got my card info and gave me confirmation number. and he said well he would talk to his boss and he would get back to her through email if amount was diff then 1,500.00. and to let her know she needed to redo trans agreement. well my mom was unsure bout whole thing and called her credit card co. and they ended up taking 1,900.00 even after agreed to 1,500.00. and he never sent her an email about anything. so, i was telling a friend about this whole thing and she said, they cannot take your car. it wasnt a loan from a bank and a collection agency bought out my debt from visa. and ive had 5 diff agencys b4 this one. so my debt w/visa is no longer. and she said they are just getting desperate cuz the length of time is almost up.. now i had canceled my visa in 1999. so that way the balance would remian of 500.00 but no interest would draw from it. yet... my balance is now 5,000.00 i am so lost on this whole thing.
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