Need lawyer or legal advice

[angelo c]

None taken at all. I used the word 'bank' as that is the word the OP used. I would go back to the orginal 'institution' that held the original debt that was supposedly paid off for records of that debt having been paid off. I don't think I would rely on the bills having stopped coming in as proof it was actually paid off. I will admit to not being familiar at all with all this buying of debt business - but could it be possible the second 'institution' received the OPs money, didn't pay off the original debt but rather just negotiated to buy the debt from the original 'institution' and kept the OPs money (which would stop the original bills from coming), and is now going after him again to settle the purchased debt? Which would all sound highly irregular to me - but an 'institution' only having 12 months of records or not being able to produce records sounds irregular also. What about records of the OP having paid the second 'institution' in the first place? Kind of a confusing setup.

Nice work...you're learning quick.
these "debts" are bought and sold like used cars....and guys that were too rough for the used car business are hired to "collect" or recover the new owners asset.
they may not have paperwork prior to the 12 months because all they buy is a debt( not sure on that though)...not a debt history. they are not here to make Nice with the debtor, they are here to make money. no harm in that as long as everybody knows the games rules.
Your "debt" can be someone else's "asset" once sold as such. Money is a lot of fun to learn about but most people don't take the time or feel its not necessary. its not rocket surgery....or porting a saw....or chain filing

 

[angelo c]

Hey Don( Sunfish)
who am I thinking that is a collections guy? maybe we should get him in this thread for some help...I might be old and out of date....

 

[robespierre]

I am being sued by a third party collection co, for a old credit card debt.
I have no money and have been looking for a lawyer but so far cant find anyone to help me.
I have called all over looking for help but just get refered to someone else.
I have called state agencies and local agencies that are supposed to help but they just refer me to somewhere else.
Cant find a pro bono lawyer to save my life.
If I had the money to hire a lawyer, I would just pay the debt off and be done with it.

Here is whats happening.
I had several credit cards that were at 29.9% interest and they wouldn't come down on it.
So I transferred two cards into another card at an introductory offer of zero % for 12 months.
So I paid them off through another bank and paid the debt off over the next 2 years.
Now I am being sued for 2 credit card debts by a third party collector.
So I called the credit card company that took over this debt asking them for the last 4 digets of the accounts that they took over and I paid off, but they are telling me that they cant go back more then 12 months in there records or there archives.
So they can't tell me what accounts they took over.
Now at this point I cant get any help or answers.


If I loose my case, what can they do to me?
I have no assets for them to go after.
What kind of property can they go after?
Can they come in my house and recover personal items and put them up at an auction?

I am confused about whats going to happen.

I think they can auction off all your stuff until they are made whole. If they are not messing with you.

 

[jack_90125]

if you get your credit report it will tell you who was paid in full and who has filed defaults.then you can see if the loans you think you paid were marked as such then you can see who is pulling whos chain.it can all be done in 5 mins on the web.

 

[mga]

first of all, any one who agrees to pay 29.9% interest rate should have their head examined. and if you got buried financially because of that, you need to take some economic classes.

additionally, from my understanding, they usually charge that type of interest rate when some one is a high risk..in other words, they have bad credit when they applied for the card. just like those car dealers that advertise that no matter how bad your credit is, they will finance you....at some absurd interest rate that makes your payments so high you can't afford the car.

anyways, if you did, in fact, pay off those cards, some where along the lines some one has a record of it. in this day and age of electronic paperwork, there are always records. even the IRS lost emails were found.

as far as the crditors "coming after you", are you sure it's just not a collection agency scamming you? i get letters all the time from them, and they are very official looking too, claiming that i'm way over my head and i could be heading for court or some thing.

problem is, my house is paid for, we buy every thing with cash and we have only two credit/debit cards which always have money in them...yet, these letters say we are 40 to 75 thousand in debt...LOL

 

[NSMaple1]

I think they can auction off all your stuff until they are made whole. If they are not messing with you.

Don't think they can touch anything.

I've been on the other side of this too - fortunately not all that often. Trying to get payment out of deadbeats is about the most frustrating thing there is. Even handing it off to the most ruthless of collectors, or going to small claims court to try get a judgement, is likely to be futile once it has gotten to the point of having to take those steps. No blood from a stone is very true - if people make the decision to turn their backs on their debts & responsibilites, there is very little you can do to overcome that, and they don't really have all that much to lose.

 

[sb47]

first of all, any one who agrees to pay 29.9% interest rate should have their head examined. and if you got buried financially because of that, you need to take some economic classes.

additionally, from my understanding, they usually charge that type of interest rate when some one is a high risk..in other words, they have bad credit when they applied for the card. just like those car dealers that advertise that no matter how bad your credit is, they will finance you....at some absurd interest rate that makes your payments so high you can't afford the car.

anyways, if you did, in fact, pay off those cards, some where along the lines some one has a record of it. in this day and age of electronic paperwork, there are always records. even the IRS lost emails were found.

as far as the crditors "coming after you", are you sure it's just not a collection agency scamming you? i get letters all the time from them, and they are very official looking too, claiming that i'm way over my head and i could be heading for court or some thing.

problem is, my house is paid for, we buy every thing with cash and we have only two credit/debit cards which always have money in them...yet, these letters say we are 40 to 75 thousand in debt...LOL

First off when I open this account it was a 0% interest card for the first year. Only after the first year did the interest rate start to climb. Because of the rescission I'm sure they felt they had me over a barrel and would not budge on the interest rate.
That's why I took advantage of the new card at a starting rate of 0% for the first year.

I just pulled my credit report and it shows 2 accounts that belong to that bank.
Both say they are at 0 balance and both say they were written of as bad debt and accounts were closed by consumer.

 

[1project2many]

I just pulled my credit report and it shows 2 accounts that belong to that bank.
Both say they are at 0 balance and both say they were written of as bad debt and accounts were closed by consumer.

There you go. The accounts were never paid off. Find terms, letters, agreements from when you got the new single card at 0%. Did the card issuer provide you money to pay the other cards? Did the initial balance equal what was on the two cards? Is there anything that actually says they will pay the bills, or was it somehow up to you?

 

[sb47]

My credit report says I have had 17 credit cards.
They all say they there closed and at 0 balance except the one card I have that is with the credit card co. that I use now.
They all say there was no missed payments on any of my credit cards.

The only exception is the two cards that I am being sued for and they say they were written off as bad credit.

I am certain these are the two accounts that I am being sued for.

 

[Pruning@trunk]

read post 34..............

I read quote 34 and he is unsure if there is something that he didn't pay based on his recording skills. So the CC company could be correct and he could owe money to them.

 

[Pruning@trunk]

Anyways good luck to the OP

 

[sb47]

I read quote 34 and he is unsure if there is something that he didn't pay based on his recording skills. So the CC company could be correct and he could owe money to them.

Yes I was unsure but now with a complete credit report in hand I can see that out of 17 cards all have no missed payments and show zero balance on all.
The only two exceptions are the two accounts that I am being sued for and the one active account that I use today.
It's looking like someone did not enter in that these accounts were paid off, ether by the original bank or the lender that took them over and paid them off.
At least it helps confirm what I have said all along.

 

[1project2many]

My credit report says I have had 17 credit cards.
They all say they there closed and at 0 balance except the one card I have that is with the credit card co. that I use now.
They all say there was no missed payments on any of my credit cards.

The only exception is the two cards that I am being sued for and they say they were written off as bad credit.

I am certain these are the two accounts that I am being sued for.

Yes, it stands to reason. So if you tried to consolidate debt by using another card to pay off those two, then looking at the paperwork from the "payoff" card could help determine who is at fault for non-payment.

 

[sb47]

If I can prove that these accounts were paid off by the new lender then this means that this a frivolous law suet.
If it is found to be true and it is a frivolous law suet, can I go after them for damages?

 

[angelo c]

If I can prove that these accounts were paid off by the new lender then this means that this a frivolous law suet.
If it is found to be true and it is a frivolous law suet, can I go after them for damages?

don't get greedy...your time is best spent elsewhere...chalk it up to education-ing

all you wanna do is walk away...with the correct paperwork to support your position....so this don't happen again.

 

[Jim Timber]

Jim,
the collection agency has not filed claim yet...so you can't file a motion to dismiss a case that hasn't been filed yet.
they are just trying to coerce SB into paying a debt they purchased as everyday business to them.

Collection Agency = aimless threats

He's got a judge holding his hand and instructing him on "discovery" - that's not an aimless threat situation, that's a judge handling a case pre-trial. I just went through a lawsuit, and never saw the inside of a courtroom, and neither did my lawyer. It was all handled through briefs (just a letter or paperwork mailed in).

As for asset forfeiture: you can't lose your house, you can't lose one car, and you can't lose the tools of your trade. Anything else of value outside maybe your clothes is fair game. I know a guy who runs a collection company and we've discussed this stuff because I was in bad financial shape due to worker's comp injuries and them not paying my claim and my not being able to work. He once seized a guys firewood stash (100 cord) when he found out the house had propane heat. Sold it at sheriffs auction for $30 a cord!

Stipulations of my settlement were that all my medical bills were paid and my credit history restored accordingly. I'm at 801 again.

 

[angelo c]

He's got a judge holding his hand and instructing him on "discovery" - that's not an aimless threat situation, that's a judge handling a case pre-trial. I just went through a lawsuit, and never saw the inside of a courtroom, and neither did my lawyer. It was all handled through briefs (just a letter or paperwork mailed in).

As for asset forfeiture: you can't lose your house, you can't lose one car, and you can't lose the tools of your trade. Anything else of value outside maybe your clothes is fair game. I know a guy who runs a collection company and we've discussed this stuff because I was in bad financial shape due to worker's comp injuries and them not paying my claim and my not being able to work. He once seized a guys firewood stash (100 cord) when he found out the house had propane heat. Sold it at sheriffs auction for $30 a cord!

Stipulations of my settlement were that all my medical bills were paid and my credit history restored accordingly. I'm at 801 again.

without seeing whats named in the suit we are both speculating. I missed where SB stated they have already begun legal proceedings.
lots of stuff to review in there now. where, what, what damages claimed ect. who is actually bringing suit under what allegations.

 

[Jim Timber]

These companies buy "paper" (debt) in big lots from creditor's, and then go after whatever they can collect on. If the debt isn't valid, it's up to the bank that sold it to correct the situation. Once you agree to repay it via the collection agency, you're on a new contract with them and they can do all kinds of tricks to get your money or stuff. It's a horrible industry and even the guy I know wants out of it. He wouldn't buy medical debt either because he knew the insurance industry has jacked rates so far out of perspective that getting sick or hurt could ruin someone's life. Just getting to the hospital is often a huge chunk of a poor families income for the ambulance ride - a lifelink air lift would ruin them. He wanted nothing to do with that side.

 

[angelo c]

Medical is a whole 'nutha bag of chips.

(unless you habla espagnol ...then you're exempt....just ask El Presidente Barack Amnesty Obama)

 

[sb47]

What upsets me the most is that the credit card company that took over the loan from the bank is supposed to be a reputable company. I have had my auto insurance with this company for 25 years. They also do home loans and credit cards.
I cant say there name but its connected to the military.
They can not or don't want to give me the original acc numbers that they took over back in 08 when I did the transfer.
This to me is totally unexceptionable, They should have this information on file somewhere in there archives.
I also should be able to see this information.
I sent out a registered letter to them today, demanding that they supply me with that information.
I also sent a letter to the judge with the letter attached that I sent to the credit card company where I am requesting this information.
I want it in writing that they cant go back more then 12 months.
I can show the judge that they cant or wont show me this information.
All I can do at this point is request the information and hope they can supply it to me.
If they send me that letter, at least I can use that in court, as to why I am having so much trouble getting to the bottom of this crap.
That along with the files I have and my credit report that the judge can see where all the confusion is.
Hopefully the judge has some history with the suing party and doesn't like there tactics.
Mean while this is taking up all my time and cousing tremendous stress on me.
I dont need this **** in my life.
I have half a mind to close out the account that I have with them and "NEVER" use credit again.