does this sound legit?

[NYfemale]

What is the name of your state? NY
My husband defaulted on Perkins loan in 1988. Attorney contacted him at work. He agreed to a payment schedule over the phone with them. They sent the paperwork (affidavit of confession of judgment) and want it notarized and returned within 20 days. It's worded like this: [The confession of judgement is for a debt justly due to the plaintiff arising from the following facts:

The defendant is indebted to the plaintiff for consumer items charged on a credit card issued by the plaintiff, all of which is past due, in the amount set forth above.]

Does this sound legitimate? It's the credit card part that bothers me as he never had one. Thanks for any advice. Our other option is to just let them garnish his wages for it.

 

[seniorjudge]

What is the name of your state? NY
My husband defaulted on Perkins loan in 1988. Attorney contacted him at work. He agreed to a payment schedule over the phone with them. They sent the paperwork (affidavit of confession of judgment) and want it notarized and returned within 20 days. It's worded like this: [The confession of judgement is for a debt justly due to the plaintiff arising from the following facts:

The defendant is indebted to the plaintiff for consumer items charged on a credit card issued by the plaintiff, all of which is past due, in the amount set forth above.]

Does this sound legitimate? It's the credit card part that bothers me as he never had one. Thanks for any advice. Our other option is to just let them garnish his wages for it.

Obviously, do not sign anything you do not agree with or do not understand.



Standard answer on expired SOL and/or validation and/or dispute letters. There are thousands of posts similar to yours on this forum so I have prepared a standard answer.

SOL (Statutes of limitation are DEFENSES to lawsuits; they do NOT provide a method to stop someone from suing you. This defense means when they sue you, you answer with the defense that it is barred by the SOL.)

http://www.bcsalliance.com/y_debt_sol.html

http://www.fair-debt-collection.com/Disputing_Collections/SoL-dispute-letter.html


Validation letter samples you can get at :
www.creditinfocenter.com
and www.creditboards.com

Make sure you ask for VALIDATION (and do not accept verification).


Disputes: You can write a letter of dispute to the three credit reporting agencies.

Go this website to find instructions and samples for how to dispute: http://www.creditinfocenter.com/creditreports/

Sometimes errors are easy to remove and sometimes they stick like glue. It is inexpensive to try and not difficult.

I am NOT a creditor-debtor lawyer; stand by for further help.

I am NOT vouching for the accuracy of these websites!

Debt settlement:

https://forum.freeadvice.com/showthread.php?t=293829

 

[Skylyn]

Sounds like the lawyer (or collection agency) screwed up on a form letter... Ask for clarification. Also note, there is no SOL for student loans. Also, asking for validation isn't going to help anything either (it will just delay the process).

 

[NYfemale]

yes

Yes they did mess up with an incorrect form. Thanks.