Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > BANKRUPTCY AND CONSUMER CREDIT > Debt Collections

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 08-25-2005, 01:21 PM
Junior Member
 
Join Date: Aug 2005
Posts: 1
Question

Paying off vs court


Missouri
We have recently recieved a loan in July, to pay off outstanding debts. Around that time we recieved a notice from a lawyer representing one of the collection agencies we were attempting to pay off asking us to contact with in 30 days, which we did. They said we were to send a self address stamped envelope to recieve a detailed account of the bills. We did. No response. Called again, they told us to send another one. We did.
Shortly after we were served with a summons for the two outstanding bills and the court date is September 8th, 2005. The lawsuit was filed Aug 8th, 2005, well after we had continuing contact with them. We want to pay the bills but are not going to send the money blind without knowing exactly what it is for. Should we just go to court? If I were to record a conversation getting them to admit to continued contact and their faultiness for not sending the itemized statement, would that help our case?
And, the collection agency that has hired the lawyer said we have another debt that has not gone to the lawyer, but no details on it are available, is that right?
Thanks
  #2  
Old 08-25-2005, 02:34 PM
Junior Member
 
Join Date: Aug 2005
Posts: 13
First, they have to tell you what you are being sued for (dollar amount, when debt was taken out, etc). Second, in most states, you cannot record a converation without consent from all parties on the call. Even if you were to record the call with them, if they are not aware of the recording, you cannot use it in court. Last, ALWAYS, ALWAYS, send things certified mail. You will know when they received something. I would contact the attorney who has the case in writing VIA CERTIFIED MAIL, and give him a run down of the information and that you are attempting to resolve the debt out of court, what will it take to resolve, etc. You don't have much time at all, I would highly suggest sending the letter today OVERNIGHT UPS or FedEx....and then calling the attorney tomorrow afternoon after you see the letter is received. I would then call daily on this. When you go to court, if it gets that far, please remember to bring a copy of phone records incase they attempt to say you did not contact them, etc. The bottom line will be (a) you owe the debt, and (b) you will have to pay something. The question will be how much...if you go to court, it will be a lot more than a settlement out of court. Remember, even though there is a court date, you can still settle with the attorney up until the start time of the case hearing....you need to make sure you continue contact with them until that point.
  #3  
Old 08-26-2005, 04:15 AM
Member
 
Join Date: Jul 2005
Location: nc
Posts: 753
I found this at, [url]http://www.rcfp.org/taping/[/url] and this.[url]http://www.rcfp.org/taping/[/url]

To me it seems to say that in MO you can wiretap your own phone, with out telling anyone.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 10:58 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.