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Debt Collection (Attorney Office) now Filing Judgment against me for Outstanding Debt

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byebye3

Junior Member
What is the name of your state? DE

I need to get some quick advice - I have an old credit card debt that was charged off in I believe June 2001 - I know that debt is schedule to fall off my Credit Report in 2008 - what has happened - the account was originally with Associates - it was sent to a collection agency called First Select - I had paid some of the debt off with First Select in 2003; when I tried to do a settlement with them for the rest of the money they would not accept so I stopped paying. In 2004 I started receiving collection notices from a company Credigy Receivables, but I never corresponded with them - there is no information on my credit report for First Select, but Credigy Receivables is listed.

What has happened know is in November 2005 I received a letter from an attorneys office Lyons Doughty & Velhuduis (who deal in debt collection). They have called my work number a few times and left me voice mail msgs - somone called one day and when she told me where she was calling from I told her I could not receive calls like that at my place of employment and I hung up on her.

Recently (Feb. 21, 2006) I received another letter from Lyons D & V which stated that they would be willing to offer me some type of settlement because they knew I would be getting a tax refund and I could pay them from that; supposedly I had until the end of April to get back in contact with their settlement department. In the mean time I was served with a summons for a judgement from Lyons D & V. I received this on March 6, 2006. I have 20 days to respond to this summons with the courts in New Castle County DE. The big difference is the amounts that they are saying I owe - in the original letter I received in November '05 it stated I owed approx $1009 + $700 in interest, the letter that I received Feb '06 has the amount over $2000 and the paperwork I received from the courts has me owing $1120 + $250 in attorneys fees.

What I need to know first is the SOL expired on this debt or did it restart when I was paying the First Select company in 2003?

Can I still ask for VOD from Lyons D & V or will they not respond since it is over the 30 day time frame?

Should I contact Lyons D & V to see if I can settle this account and request they cancel the judgement so that it does not appear on my credit report?

Is there anything else I can do at this point?

Do I need to respond to the court documents if I can get an agreement with Lyons D & V?

Any help, advice or assistance would be greatly appreciated. I only have unitl March 27 to respond to court. Thanks for all your help in this matter.

byebye
 


TigerD

Senior Member
byebye3 said:
What has happened know is in November 2005 I received a letter from an attorneys office Lyons Doughty & Velhuduis (who deal in debt collection). They have called my work number a few times and left me voice mail msgs - somone called one day and when she told me where she was calling from I told her I could not receive calls like that at my place of employment and I hung up on her.
Apparently that was a mistake.

byebye3 said:
Recently (Feb. 21, 2006) I received another letter from Lyons D & V which stated that they would be willing to offer me some type of settlement because they knew I would be getting a tax refund and I could pay them from that; supposedly I had until the end of April to get back in contact with their settlement department.
Nonesense -- No CA is going to give you 2 months to get back with them.

byebye3 said:
In the mean time I was served with a summons for a judgement from Lyons D & V. I received this on March 6, 2006.
That's what happens when you don't pay your bill and refuse to talk to the CA.


byebye3 said:
I have 20 days to respond to this summons with the courts in New Castle County DE.
I advise you to respond.

byebye3 said:
The big difference is the amounts that they are saying I owe - in the original letter I received in November '05 it stated I owed approx $1009 + $700 in interest, the letter that I received Feb '06 has the amount over $2000 and the paperwork I received from the courts has me owing $1120 + $250 in attorneys fees.
Be happy. Although, I'm sure they'll let you pay $2,000. What probably happened is that they are planning to ask the court for interest and won't know how much until the judge makes his decision.

byebye3 said:
What I need to know first is the SOL expired on this debt or did it restart when I was paying the First Select company in 2003?
It started with your last payment in 2004.

byebye3 said:
Can I still ask for VOD from Lyons D & V or will they not respond since it is over the 30 day time frame?
You can ask but it would be silly. You have been sued. If you fail to defend yourself against the suit, you have no chance.

byebye3 said:
Should I contact Lyons D & V to see if I can settle this account and request they cancel the judgement so that it does not appear on my credit report?
The collections action is on your credit report. A judgment hasn't yet been entered. If you settle before a judgment is entered, then a judgment will not appear on your credit report.

byebye3 said:
Is there anything else I can do at this point?
Pay it.

byebye3 said:
Do I need to respond to the court documents if I can get an agreement with Lyons D & V?
Would you actually listen if someone counseled you to ignore the court? NEVER IGNORE A SUMMONS. As a rule, judges tend to dislike being ignored.

DC
 

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