Originally Posted by Kiyomi
Well, it's not my student loan...but I'm really excited about being able to eventually get out of default. If only I could come up with $50 a month. Seems like so little but everything is so tight.
I just got off the phone with the agency. It's a $2500 debt from the 1990s. They say I can settle for 80%, or $1996. But...is there a statute of limitations for credit card debt? It transpired in NY but I now live in PA.
They sent a server to my parents' house and they say they have a signature from a nonexistent family member, "Jane M...." I am wondering if this forged signature of a person that doesn't exist will invalidate their hold on my acct.
I am beyond stressed but at least it's a debt that could be paid off in a few years, as opposed to my student loan debt, which will take the rest of my life.
I tried to argue that since I nenver received a summons that there seizure is invalid. She said I have received a default judgement, to which I responded that of course I got a default judgement when I didn't even know there was a court date. She said that I am mistaken and the judgement holds. She also said this judgement came YEARS ago (2 -- 7 years?).
What can I do at this point? How does one argue about a false signature in this situation? I would be happy to work out payment arrangements with them, but I'd really like my $400 back.
Any help would be much appreciated. I've been so horribly stressed that I can neither eat nor sleep, can't stop shaking, and am having pains in my chest.
Thanks for the support, folks. It helps a lot.
I don't know all the details, and I'm definitely not a lawyer, but something seems very fishy here.
There may be problem with 'tolling'. When you move out of state, the statute of limitations may be on hold.
I would get copies of everything relating to this judgement. Contact the court that issued it. A fake name signed for it??? - that is just insane.
You need exact records & dates. Exactly when the date of last deliquency for this account was, the exact date when they say they served 'Jane M', and the date of the judgement.
Per this site: http://whychat.5u.com/States/states.html
NY SOL is 6 yrs. So if you moved out of state 6 yrs or later after the date of last deliquency, they were out of SOL. If this was from the 90's, it may very well be.
Stop talking to them on the phone. They are screwing you over and acting like they would do you a favor to let you settle. Don't put any more money in your bank account, and send them a limited cease & desist letter stating they can only contact you by mail pursuant to the FDCPA. They obtained this judgement and bank seizure by less than ethical means. Do you parents even remember someone showing up at their house with this summons?
For now, I would just gather up all the paperwork. You will probably not get this money back any time soon, but you may be able to.
It totally sucks that Collection Agencies pull this type of garbage on someone who doesn't have alot of money, and therefore can't hire an attorney to stand up for their rights, and they know it. Once you get all the paperwork showing that 'Jane M' was served with the papers, you may be able to either get some help from legal aid, or find an attorney who would work on contingency. They may very well be owing YOU some money, not the other way around for their violations in collecting this debt.