I am on long term disability and only work on call a few times a year (very minimal) I have a 6 year old debt that went unpaid due to hospitalization and illness.. Chase raised my payment so high I could not pay... now a collections agency is taking me to court. a local attorney office told me to not show up and let them win by default as they would anyway.. I spoke with the collections agency as they found an old website with my number from a business I tried to start which failed do to lack of funds.. When I told them I had no business or website they said they why do you still have the phone and that is how we found you.. I said it is a cell phone. They said they will get a judgment against me... I have a 12 year old car the lawyer said they can take and sell... I live in the country and there is no bus system so I could not get to the doctor... Do I let them win by default? My disability is barely enough to pay rent.... they have made this debt way more than the original... It seems strange that the government can bail Chase out for billions then let them go after someone that owes a few thousand.. Or so they say they are sending me their "proof"
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charlinaoneal ,
Hello and welcome. First off I do not in any way agree to what this atty. told you. You should show up. You do want to be heard by the judge right? Well this is your chance if it even goes that far. In order to help you out to the best of our knowledge we need a little more information. First off what state do you reside in? Second when was the last payment on this debt? There is such a thing as the statute of limitations. Depending upon your state and the age of your debt (therefore last payment is needed) you may be protected. First lets try to establish this info. and then go from there.
It is in Oregon last payment 2006
Disability and judgment
Hi Charlin,
I agree with fireyone. What the attorney has said is not the right option for you. You need to talk to the company and settle the amount to be paid. Settling the debt is better than getting a judgment. A judgment stays on your credit report for 7 years, and damages the score.
You can make a list of your income and expenditures of atleast 3 consecutive months. When sending a hardship letter stating that it's not possible to do high monthly payments, you can attach the copy of your income and expenditure. Request them to settle the due amount and request for a "Pay for delete" too. With the "Pay for delete" your account will be reported as "Paid as settled". However not all collection agency agree to a "Pay for delete".
The statute of limitations (SOL) of your state is 6 years for any kind of account. As your last payment was made in 2006, the SOL has not yet expired, therefore the collection agency can definitely sue you.
Disability and judgement
talked to another one they said same thing... that if I once paid on the debt then in essence I agreed I owed.. Now If I have not paid. the judge will rule for them no matter the circumstance... moving to europe is looking better.. :-( stowaway on ship? :-( lol
disability and judgment
Hi Charlin,
It is true, that if you have paid once, then you are showing that you owe the debt. However, have you tried the settlement? If they settle, then the judgment and the harassment can be stopped.
If they don't settle, and file the judgment, you will get a chance to go for an agreement on the payment. However, it is better to consult a local lawyer regarding this.
Disability and judgement
Thank you Aaron. like I said I did contact a local lawyer they recommend I do nothing and let it go to default which means a judgement.. On a small disability check payment is not an option... and bankruptcy is over $1500. If I had that money I could pay the collection agency
@Char,
Hi,
I think the govt should come forward to help you out as since you cant do anything, to be correct to you i think you are disable and how come those people want you to pay off the debt. Its so mean that they are taking all you belongings.. i think they should have some sympathy towards you.. but you can look out for friends who may help you out in this settlement.
disablitiy and judgement
Spoke with another atty who said they have broken the law as they contacted me after I requested they stop they want me to sue them which will pay off any debt... also as they have not validated the debt. My question now is if they win a judgement in Oregon does anyone know if they can take your vehicles or is there a $ amount they have to be worth first... One atty said not touch 1998 vehicle other said oh yes anything value over 2500. they can does anyone know or how can I find out?
reply
Hi Charlin,
As far as I know, if your vehicle has not been a collateral in your debt, then it may not be taken. However, you can contact the State Attorney General for better advise.