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WORRIED WIFE
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Subject: Order to show cause?
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Fri Oct 10, 2008 8:15 pm
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Hello again...
My husband received summons, we responded to the summons before the 30 days. Now we get a letter from the court with a hearing date to show up in court. It says its an order to show cause.
Can anyone explain what will happen when we show up in court on this date? |
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anthony
Joined: 31 Jul 2006
anthony's page
Posts: 550
13573 Magic Points
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Sat Oct 11, 2008 9:49 am
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hi Worried wife
On the court day, you will be informed of the charges against you by the collection agency or the creditor as the case may be and your situation will be discussed. Creditors may also be present in the court. Here you may ask the creditor for validating the debt if you have not yet asked for debt validation and the creditor may need to validate the date within 30 days from the court date and the next date may be fixed accordingly. Now if the judgment goes against you, your wages may be garnished to recover the debt. Here you can request the court not to garnish your wages and may make the court agree to allow you a repayment plan to pay off the debt.
_________________
Anthony Marx
A positive attitude is not achieved by turning a blind eye to the negative, but rather by responding to every situation in the most positive way possible. |
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Any
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Subject: debt assigned or bought?
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Sun Oct 12, 2008 8:08 pm
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| What is the difference between debt assigned and debt bought? |
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Justin
Joined: 17 Jul 2006
Justin's page
Posts: 1093
25288 Magic Points
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Mon Oct 13, 2008 2:59 am
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Hi Any
As far as I know, if a collection agency is assigned your debt, it means that the original creditor has only transferred the right to collect the debt to the CA and has not sold it off to the CA. In other words, the CA in this case do not own the debt and the creditor may take back the right to collect the debt from the CA. However, if the debt is sold off to the collection agency, then the CA becomes the owner of the debt and the OC ceases to have any right over it.
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All the Best 
Justin |
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carol
Joined: 27 Jun 2006
carol's page
Posts: 1308
28489 Magic Points
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Mon Oct 13, 2008 3:05 am
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Yes, I agree with Justin. This means that even if the debt is assigned to the collection agency, you may come to a repayment agreement as well as a PFD agreement with the original creditor and both the OC and the CA listing against a debt may be removed from your credit report once you pay off the debt in full to the OC. However, if the debt is sold off to the CA, you can only make a PFD agreement with the CA and not the OC, and in case both of CA and the OC listing are there in your credit report, only the CA listing will be removed and the OC listing will stay there for seven years.
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Keep in touch
Carol |
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cs0khunter82
Joined: 14 Oct 2008
cs0khunter82's page
Posts: 12
374 Magic Points
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Subject: Great information!
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Tue Oct 14, 2008 5:51 am
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I had just written myself a note to look up one of these letters, then I came across this post.
Thank you for your help. I know with the help of you good people and this website, I'm going to make my credit super-fabulous! |
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creditpro
Joined: 16 Oct 2008
creditpro's page
Posts: 21
Location: San Diego, CA
1239 Magic Points
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Subject: Repsond to the summons.
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Thu Oct 16, 2008 3:09 am
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You must respond to the summons or they win by default.
1. What is the last date of activity with the original creditor?? That is when the SOL begins. Not with the collection agency.
2. I would go to court and ask for proof of signature on the contract agreement from the original creditor. You can easily say you do not recall this debt and you would like proof that it is in fact yours. If they don't provice proof, guess what??? You win! Most likely this agreement is somewhere archived and it will not give them time to find it.
3. Ask the Collection agency for the original paper contract from the original creditor SIGNED BY YOU specifically naming the colleciton agency as a person entitled to enforce a commercial claim against you pursuant to the Uniform Commercial Code 3-401 and general Contract Law.
Hope this helps. To learn how to keeps these fools in check, I recommend www.AttractiveCreditSecrets.com |
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Mad
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Wed Dec 24, 2008 7:04 pm
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| I'm sending this letter with add on today to spiegel which went out of business so another company trying to charge again |
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Mad
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Wed Dec 24, 2008 7:04 pm
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| I'm sending this letter with add on today to spiegel which went out of business so another company trying to charge again |
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goodnatured
Joined: 03 Nov 2007
goodnatured's page
Posts: 3735
10 Magic Points
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Tue Dec 30, 2008 5:04 am
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great, please let us know what the results are and if you need any other assistance with this account, we will be more than happy to help you out.
_________________
Goodnatured,
http://cashinpocket.synthasite.com/
for all the ways I make $$ online |
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fireyone
Joined: 26 Feb 2008
fireyone's page
Posts: 4124
1011 Magic Points
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Sat Jan 03, 2009 1:26 pm
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| Mad, Are you trying to reach Speigel or just simply letting us know your trying to reach speigel and get something cleared up? If the company went out of business did they offer you some kind of ppayoff-offer? We had a furniture store go out of business in our area years ago. My hubby and I had an account with this company and they offered us a discount if we would pay off the account early since they were going out of business. I believe they only wanted 60% of what we owed. Of course we paid cause it was a great offer and it wasn't going to effect our credit. I would suggest giving this company (if it is an option) a ring and seeing if they will accespt some type of pay off offer. |
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dtmichaels
Joined: 13 Jan 2009
dtmichaels's page
Posts: 9
292 Magic Points
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Subject: Default Judgement
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Tue Jan 13, 2009 3:58 pm
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| I want to question something here. What happens if you were actually never given the summons and actually didn't know anything about it, until it has actually showed up on your credit report. How do you handle that? |
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fireyone
Joined: 26 Feb 2008
fireyone's page
Posts: 4124
1011 Magic Points
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Tue Jan 13, 2009 4:07 pm
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| I asked this question too. I keep hearing that you have 30 days to vacate a judgement but thats about the only answer I get. Sometimes judgements are left with the wrong person assuming thye will pass it on to the person who is actually being served. It was explained in another post. I have tried finding this post but can not. If you want to get a direct answer I would suggest posting a seperate thread. If you look to the side of your screen you will see a box at the top that says "ask the community" put your question there and the rest will be self explanatory. |
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dtmichaels
Joined: 13 Jan 2009
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Posts: 9
292 Magic Points
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Subject: Thanks
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Tue Jan 13, 2009 4:14 pm
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| Thank you for the reply. I might just have to do that. I'm in the process of trying to get my credit report cleared up and this is actually how I found out that I even had a judgment up against me. |
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publius
Joined: 13 Jan 2009
publius's page
Posts: 18
635 Magic Points
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Tue Jan 13, 2009 7:43 pm
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| so if I send a debt validation letter and receive no reply within a given amount of time I am no longer for the debt and everything pertaining to it will be removed from the credit report? If the account is in "cease and desist" status now would this be opening the legal can of worms and result in court action against me?[/b] |
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