Collections Law/Old Debt and Pending Lawsuit
Expert: Creditwrench - 7/30/2008
QuestionBack in 1999, I opened a Clout Visa. I made some poor credit decisions and then fell behind on my payments. Over the years the company sold its accounts to numerous debt collectors. I hadn't heard anything about this company or the debt in years. To my knowledge based on my review of my credit report, this debt had been charged off.
About 20 days ago, I received a phone call and a letter stating that I was being/going to be sued on behalf of Erin Capital Management,LLC. First I asked what this debt was for and I never got a solid answer. I explained that I did not have any extra money and asked if they could call me back on the 25th to see if I could make some arrangements. The rep asked if I could pay $500 to begin payment arrangement and I told her at the time I couldn't make that type of promise. In the mean time I did some research. The only thing I could link it to is the Clout Visa from the past because I have been in contact with all other debtors. But there is no one to speak to about Clout.
Today, July 29th, I received a summons and I have been wrecking my brain trying to get answers about this account because I know I don't owe what they are saying I owe. The man who gave me the summons said I had 20 days to contact the company or the courts. The Law Office that is handling everything told me that I only have until August 8 before they receive their judgement back from the courts. I just do not get how they will receive a judgement back in 10 days when I have 20 to contact them. The lady I spoke to (today) at the law firm said I was supposed to pay $500 on the 25th and make arrangements for the rest. I told them I never made such an arrangement. That I was supposed to discuss making arrangements when I was called back on the 25th. A call that never took place. When I explained that no one called me back she told me that the other rep was having computer problems.
I read online today that many think this management company is a scam. Others reported that this company buys old debts and then adds a lot of finance charges. I just don't know. I cant afford for my wages to be garnished and I feel like I have hit a wall trying to get answers.
Are there any first steps you could advise?
AnswerYes. Read
http://www.creditwrench.com/default.html and the links below and you will know exactly what you have to do to make this all go away and get paid for doing it.
I know that sounds too good to be true or like maybe it could be a scam of some kind but you see, a few yeas ago your good old Uncle Sam decided that people were being abused and defrauded by debt collectors to such an extent that something had to be done about it. The problem was and still is that there are thousands of debt collectors out there and hundred of thousands of people working for them and Uncle simply didn't have the manpower to police all of them all the time. His answer to that enforcement problem was to make everybody their own private attorney general. He gave them the right and the power to enforce the laws he put in place and he gave them access to the federal court system so they could get a fair hearing and a just resolution to their woes.
He even made sure that the federal courts would give the consumers extra consideration and leeway because they are not lawyers and don't know all the rules and customs of the federal court system. He has even fixed it so you really don't have to go to court at all unless things really get sticky. It is all done by mail, phone and the internet so there is no need to fear having to actually go to court in most cases.
While you can learn how to do that without hiring lawyers it sure helps shorten the learning curve and greatly increase your chances of winning if you have someone who has already learned how to do it and has helped hundreds of people prepare their cases and win and will teach you for a lot less than it will cost you to hire an attorney or spend your own time learning. After all, your time is worth money too.
Bill Bauer
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