Background - In preperation for buying a home I monitored my credit closely at the start of 2009, paid everything off settled most everything no problems. Then all the sudden I notice an inquiry from a lawyer whom I call and discover an uppaid dept of $200 from 5 years ago that isnt being reported on my credit report. He basically said they are a law firm and bought the debt and they are agressive in collecting etc etc and wouldnt make a deal. He also mentioned that they dont report to credit agencys that they would go for judgement if unpaid. So I sent a verification letter and forgot about it. So the other day I get a summons for 10/7/2009. I called the lawyers office and he informed me the amount due is $900 to avoid judgement. Now ........
The questions
He mentioned about having to pay by 9/16 to ensure a proper dissmissal due to court delays. Then I asked well if I pay in full you guys arnt going to court are you ? And he said no.
So my question is can't I goto the laywers office 10/2 friday with certified funds and get the paper work saying its all paid. Then goto court the following weds and bring with me paper work, and the plantiff wont even be there. Will the case just get dissmissed? Or will a paid judgement get entered?
Thank you!
Hi birdfan83
Even if your OC hired a law firm to collect their debt, under the FDCPA the law firm is also a collector and needs to adhere to the rules and guidelines. They still need to give you proof that they own your debt and may produce some account statements from the original creditor. You may ask them for a payment history. This way you can also find out how they have calculated your debt.
Get everything in writing and don't go by verbal agreements. You may still vacate a judgment if you like but ask for validation.