AllianceOne Inc.

[twerner81]

What is the name of your state? Washington

My wife and I are being summonned to court because of a debt that we tried paying. We forgot to pay a monthly payment on the month of April which was our wedding month. Afterwards we kept on paying our monthly payment of $20.00 until they decided to put it in default and put the collections in court. The debt came from a movie that was stolen back in Summer of 1999 which turned out to be over 300 dollars when we found out about it in Feb. 2004. Now the debt collectors want over 500 dollars because of legal, attorney, and filing fees off of a 10 dollar movie before Jan 18, 2005. We tried paying them 295 dollars over 4 months ago and just this last week we got that check back saying that they wanted the entire amount. Well, we weren't going to pay anymore until they cashed the check. That never happenned. I still don't understand why they wouldn't take the money. They harrassed my wife at work more than a few times last year demanding the money and asking why we can't pay it in full! It seems like they are in it to make the comission so they can get paid. They still want to sue me even though I was NOT apart of the bill even though I told them personally to take my name off of it. (My name states as "John Doe" and Marital Community on the court summonning.) All in all, AllianceOne Inc. want over 500 dollars before January 18, 2005 or my wife and I get to discuss this matter in court.

What is our options?

[ihatearizona]

You could claim the statute of limitations has run out on this debt, but it will depend on what this debt is considered - Written or Open Ended. I think it would fall under the open ended as you never signed a contract for a specific dollar amount (just my 2 cents - check with an atty to be sure).

Whatever you do, make sure you file an answer with the court in regards to this debt or they will receive a default judgment against both you and your wife (WA is a community property state, and thus both of you can get sued).

It sounds as though this collection agency may have broken several laws in regards to the FDCPA. You'll want to check out either one of these web sites to get further info on how to defend yourself and gain info on the laws this collection agency may have broken: [url]http://www.creditinfocenter.com[/url] and [url]http://www.creditboards.com[/url]