got summoned, missed the 30 days, what to do?

[liquidcherry]

What is the name of your state? GA
OC:Chase
CA: National Credit Aceptance

Hello there,

I am trying to make it short and understandable,( please bear with me i am not a native english speaker):

We received on around the 21st of February a letter from a Law Firm(with the date Feb. 18) and i goofed, missed the "30 days of your receipt of the letter" to dispute.

This Notice is about a Big Screen TV, bought from my wife(not at that time) we believe late 2002, there are no invoices existing anymore.

She went through a bad time way back(divorce, multiple deaths in her family) and lost overview of her financial situation and defaulted on that card.

Well than i came in her life and make a long story short, we refinanced in Dec. 2007 to pay of all her CC Debt.

We paid of everything on her Report and received shortly after that Phone Calls from above mentioned CA.

They explained to me that the purpose of the call is the TV and i told them to call back because i need to clarify things.

I than asked the Owner of the mortgage company(that time it happen to be the company i did some contract work for) and he told me not to worry, there was never a TV on the Credit Report. (and if it was it should have been paid of anyway)

So we ignored the CA phone calls from that moment on.

So, time went by and we refinanced Jan.2008 again....and there was never any indication of that TV Issue nor anything on the report of her...(btw, she refinanced first in 2005 and it was not on her report either)

So, my questions now are:

Is there a chance that i am not in hot water if i answer that letter a couple days late?

What to do with the letter, answer it or not (even to late)

I am not trying to hide or "getting away with murder", i just need some advice....if i have to settle i will...(or they can have te TV back)

So any comment, advice is greatly appreciated

Frank

 

[TigerD]

It doesn't sound like you received a summons, but rather collection letter. If you want to scan it and PM me a link to the image, I can tell you for sure. But I'm going to go with the collection letter.

You may be able to settle this; but you are going to have to write a couple checks to resolve it. They don't want the TV.

I recommend giving them a call and ask what type of settlement offer they have for the debt.

DC

 

[liquidcherry]

Thx DC,

I will go ahead and scan it later and send you the link.

It is a letter from a law firm and i assumed the" summons" thingy, i know nothing about the law

(But my main question remains, shouldn't this have been on the Credit Report all along, remember 3 times refinanced with paying of everything, with no problems)?

Regards,

Frank

 

[TigerD]

Thx DC,

I will go ahead and scan it later and send you the link.

It is a letter from a law firm and i assumed the" summons" thingy, i know nothing about the law

(But my main question remains, shouldn't this have been on the Credit Report all along, remember 3 times refinanced with paying of everything, with no problems)?

Regards,

Frank

Not every creditor reports and not every account is reported. It would be simpler if it was required to work that way.



DC

 

[liquidcherry]

update&more questions...

Hi there,

Following happened after i posted a while ago:

First week of april the sheriff finally came to our house and gave me the same letter from the court(i asked him wich date is now the actual delivery date) and he answered "when i deliver it starts counting....

After that we received a letter from the CA, stating that we could pay only around 65% of the outstanding debt...

Last week my wife called in to talk with the CA and the guy pressured here in a not nice way(but i guess that's just a common paractice), he pretended to know nothing about the letter and.....we found out that my wife MADE PAYMENTS until 2006( the court letter says something different, have to check that again-i am in my office right now)

So, what would be my best choice(i have until may 4th or 5th to answer the court letter), i just find it somehow fishy that they want to collect the whole price(with interest) even there was a 4 year period of payments made**************

Could i have a legal stand here?(just curious if i could waste my time in court...)

Thx in advance

Frank

 

[Texas Pooh]

You will need to file an answer with the Court, by the due date, and set out that you dispute the total amount due.

The creditor will have to prove how much is due. If your wife's payments are inlcluded, you can ask for a credit for all payments.

However, because interest has been adding up for six years, and they are entitled to attorney's fees, it would not surprise me that, even with payments, more than the original amount is due.

 

[liquidcherry]

Thx Texas,

I will answer in time ... you said: "and they are entitled to attorney's fees"....they cannot put that into the debt unless they win...or can they??(me confused) ....

Any other suggestions, thoughts?

Thx

Frank