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We do owe money to the said original creditor Washington Mutual

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goodnatured



Joined: 03 Nov 2007
goodnatured's page
Posts: 3931



618 Magic Points

 
Posted on Sun Aug 17, 2008 11:10 pm  

You have 30 days, just answer to each one, admit or deny, then submit your answer to the court and a copy to the collection agency. Make sure you read each statement. I have one of these right now, here is a sample.

1. Defendant had said account with CACH, LLC.

My answer is: Denied

Denied, CACH LLC is the collect, my original creditor was providian, so anything to do with the collection agency and me having anything contractual with them, this never hapened, so Denied.

Just make sure you don't let them con you into anything. You will want to make sure they validate the debt? Are they claiming you owe them money or are they trying to collect for the original creditor. I am sure that you have other questions, just list them here, and quit worrying, it will work out.

Oh, yeah, once you answer the summons then you will get a court date. I filed my answer over a year ago and still no court date yet.
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Goodnatured,
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fireyone



Joined: 26 Feb 2008
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Posts: 4246



140 Magic Points

 
Posted on Mon Aug 18, 2008 12:34 am  

Glad you jumped in and helped on this one. I hope worried stops in so we can guide her through this process. It is always tough when you don't know what to do and by coming here hopefully we can make sure she is aware of all her options.
Utterly Destitute

Utterly Destitute

Joined: 18 Aug 2008
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Posts: 1



50 Magic Points

Subject: Greetings everyone. Newbie here.
 
Posted on Mon Aug 18, 2008 1:50 am  

I have seven credit cards that have, or are about to charge off. I probably owe about 20K altogether with penalties. I haven't recieved a summons yet, but I'm expecting things to get ugly soon. I've already sent DV letters to each CA by certified mail. I feel very bad and very guilty about this. I had great credit up until late last year. However, I ended up going in way over my head to try and help one of my wayward children. The worst part of all is that is that my efforts didn't really change anything.

I'm in deep. I welcome any thoughts or suggestions.
_________________
Sorry. I rode the short bus to school.
WORRIED WIFE
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Subject: HERE WE GO...
 
Posted on Mon Aug 18, 2008 7:30 am  

Hey Everyone! Checking in to see if there were any other suggestions. I guess my first step is to file a response. I will be doing this hopefully this week. I say hopefully because our Suburban just took a dump. Not sure it it's the battery or the alternator. One more thing to add to my list Sad So should I just show up to the court with a letter? Should I deny or accept? We do owe that money. The amount actually sounds low. If I accept would I still get a court date??

Second, I will send for a validation and see what happens. Now if they don't respond withing 30 days?? then what happens?
fireyone



Joined: 26 Feb 2008
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Posts: 4246



140 Magic Points

 
Posted on Wed Aug 20, 2008 12:13 am  

Yes please file the response because you only have so long. Keep your head up. Hopefully its just the battery. Seems like when things go wrong it happens all at once. U destitute. I can see your a bit disgusted and it always makes it worse when the person we are trying to help doesn't turn things around. I am sure in a while this will all be behind you.
goodnatured



Joined: 03 Nov 2007
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Posts: 3931



618 Magic Points

 
Posted on Wed Aug 20, 2008 12:20 am  

If you don't file a response then, they will win by default. If you agree that you owe the money and are willing to pay it, then contact the company, they can do a judgement by consent and set you up with payment plan that will work for you.

Utterly Destitute,
Welcome to the forums, I am sorry to hear that your situation has escalated to this point. Have you contacted the companies and try to work out a payment plan with them. If you phone is ringing, pick it up and deal with it before it ends up getting worse. If you have any other questions, please feel free to post it, hopefully we can help you here.
_________________
Goodnatured,
http://cashinpocket.synthasite.com/
for all the ways I make $$ online
http://www.crazymonkeygold.com/members/register.php?ref=fedupinpa
fireyone



Joined: 26 Feb 2008
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Posts: 4246



140 Magic Points

 
Posted on Wed Aug 20, 2008 12:56 am  

Regular old welcome wagon Gn. Sometimes when that phone is ringing you feel it is gonna casue you a heart attack. It is when you start calming down and dealing with them one by one that you see it usually isn't as bad as it seems.
goodnatured



Joined: 03 Nov 2007
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Posts: 3931



618 Magic Points

 
Posted on Wed Aug 20, 2008 3:34 am  

as long as they stay cooperative
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Goodnatured,
http://cashinpocket.synthasite.com/
for all the ways I make $$ online
http://www.crazymonkeygold.com/members/register.php?ref=fedupinpa
fireyone



Joined: 26 Feb 2008
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Posts: 4246



140 Magic Points

 
Posted on Wed Aug 20, 2008 7:11 pm  

That is true. Cooperation is important.
Shane
Guest






Subject: Answer Letter
 
Posted on Sat Aug 23, 2008 8:33 pm  

I want to thank everyone in this forum - Thank you - your experience and input have been absolutely great.
I also have had a judgment against me and have sent an answer letter promptly to the lawyers handling the case.
I received a response from the lawyers handling the case rejecting my answer and offer to settle ALSO the response is in the legal form requesting a hearing but not signed or sealed by the county court.

What can I expect next?


Thank you all --- Shane Mac
Shane Mac



Joined: 23 Aug 2008
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Posts: 19
Location: In the South


963 Magic Points

Subject: Judgement
 
Posted on Sat Aug 23, 2008 8:49 pm  

I want to thank everyone in this forum - Thank you - your experience and input have been absolutely great.
I also have had a judgment against me and have sent an answer letter promptly to the lawyers handling the case.
I received a response from the lawyers handling the case rejecting my answer and offer to settle ALSO the response is in the legal form requesting a hearing but not signed or sealed by the county court.

What can I expect next?


Thank you all --- Shane Mac
erb1953



Joined: 31 Dec 2007
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Posts: 547



-100 Magic Points

 
Posted on Sun Aug 24, 2008 12:56 am  

That will be up to you Shane Mac, did you file a copy of the letter with the court house where the summons was filed? Are they representing the original creditor or is it collection agency that bought the debt? I would say if it is the original creditor to go ahead and try to work something out with them, if it is a collection agency that purchased the debt then have them validate the debt, you can find sample letters on here.

When you say that you already have a judgement against you, did they file and you not answer with in the allotted time? Are you sure there is a judgement against you? or are they just threatening to sue you?
fireyone



Joined: 26 Feb 2008
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Posts: 4246



140 Magic Points

 
Posted on Sun Aug 24, 2008 2:06 pm  

Thats what I am wondering. You can find out if there actually is a judgement against you by taking a quick trip to your local courthouse. It really doesn't take long to get an answer and you will feel better knowing. I would definately,absolutely, positively make them verify the debt if the are a collection agency and not the original creditor. You will find a lot of the time they can not verify the debt.
Shane Mac



Joined: 23 Aug 2008
ShaneMac's page
Posts: 19
Location: In the South


963 Magic Points

Subject: Reply
 
Posted on Sun Aug 24, 2008 10:26 pm  

Well ,, They only sent me a summons for Judgment ,, They don’t have the Judgment against me Yet ,
I did reply to the summons and filed with court house.

This is an old Providian account bought by a collection agency.

Now I have received a summons to request a hearing but it is not documented by the court or stamped by the court ,, was wondering is this is lagit ?
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Shane Mac
fireyone



Joined: 26 Feb 2008
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Posts: 4246



140 Magic Points

 
Posted on Mon Aug 25, 2008 12:54 pm  

I will have to make GN aware of this post. She is pretty familiar with this process and would be able to tell you better. I have an old providian and I DO really feel for you.

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