Can You Be Sued Over A Debt That Was Removed From Your Credit Report

[totallyconfused]

i wanted to ask to.. i got a letter from the attorney generals and it said that this como law will take $1300.00 to settle this junk debt.. and it was originally like $1888.00 but they are saying i owe around $2586.00.. but this como law said they would take $1300.00 to settle it with in 30 days.. well i dont have the money and if i was going to pay this can i write them a letter and ask that they send me some kind of letter saying that if i pay this $1300.00 it is done and over with and it cant be put on my credit report even thow it is not right now.. i am just scared tha ti will have to pay them this money and i dont have any money i am a single mother of a 6 year old.. i do have some money in my saveings here at home but i want my son to have a good christams this year.. last year was pretty hard because thats when i got htese papers served to me.. so could i ask them for a letter??

[jk]

anybody for breakfast? Seems I am waffling back and forth here on this.


Ok, this does sound like a complaint form but .....

It sounds like Aaron may have been on the right track with the compaint being sent to you rather than being filed with the courts.

UNLESS, they do this as a scare tactic, which in itself is not allowed per the FDCPA.

OR they simply type up the complaint and send the debtors an unfiled version to try and impress upon the debtor that they are one simple step away from actually filing it but I do not see how or why they would have a process server serve you with it.

I suggest heading back to the courts clerk and asking them to recheck to see if that had ever actually been filed just to be sure.

so, getting back to the original question:

as long as the debt is not passed the SoL, you can be successfully sued for the debt.

[totallyconfused]

i had asked if it would be wise to send this como law a letter asking them that if i pay this that the money i pay will satisfy this debt?? or do you think this might a=be a scam?? just ther eway of scaring me into paying them?? i am sorry i just dont know what to do.. any more advice ??thank you

[totallyconfused]

hello again, i was just up at the court house in my home towna nd they looked at the papers and they told me that there is nothing against me up there.. nothing has been filed.. i did ask them what is the time frame after serveing some one papers? i mena i have had these things since dec of 06.. she never gave me an answer.. do oyu know what the time frame is?? my gosh you can be served with papers and go tot ht e court house when ever you want to and file them??

[aaron]

If the return of service predates the filing of a complaint, particularly if by weeks or months, I would hope a court would notice the discrepancy.

[totallyconfused]

aaron could you tell me a time frame between serveing some one papers and going to court? am i asking this question right?? all i want is to have my life back.. i have been dealing with htis for almost a year now and i have no clue what will happen next.. i did send them a certified letter telling them i want no further attempte to collect on this debt but they told the attorney generals they will take money to satisife this.. well i dont have any money.. can they legally do all of this that is happeneing to me???

[aaron]

The lawsuit is supposed to be filed first. As I said, I don't know what is going on in this particular case. You can consider having the lawyer you consulted contact the plaintiff's lawyer, who should be identified on the complaint, although that could trigger their filing a complaint and serving you again. Talk it over with the lawyer.

[totallyconfused]

hi arron, i just wanted to ask you a question?? what happens if oyu were served with court papers and there was a court date on them and you showed up for court but the attorney for unifund ccr partners didnt show up??? this is what happent o a lady in my home town just this am.. she had court because this unifund is doing the same thing to her and she should up to court nad this steven rosso form como law firm didnt even show up.. whats happens now???

[aaron]

If a party misses a required court appearance, the party that shows up may be able to get a default judgment.