It may go to Judgement

[nicoljam]

What is the name of your state? CA

I had a credit card from Chase bank, several years had past and it went to a Collection agency and tried to settle it. I never did, because i never had the money and I am single mom struggling trying to make ends meet.
A month agao i got summoned and the court date is in November. i tried to go through a debt consolidation company by paying $70.00 a month. The attorney has refused my offer.
Now the have given me a paper to pay $130.00 a month with 24% interest to pay for three years until it is paid off.

My concern is what is this going to look like on my credit. Will it still go to judgement if I settle to pay this? And, realistically I don't have the extra money. Do I need to get an attorney?

They need to know asap of a deadline Sept. 30th or it goes to judgement after that.

Thank you for your advice.

N

 

[bigun]

When did you last pay the orginal creditor?

 

[nicoljam]

Payment status

I didn't make a payment since 1999. It is an old credit card.
I tried to settle, but I lost my job for awhile and didn't have income for almost a year.

 

[JETX]

Okay, you need to take this step by step. One if the critical issues in a debt claim is what is the "DOLA" (Date of Last Activity). This is often the date of last payment, but could also be the last date the account was used, or even the date the debt was reaffirmed.

To get the correct DOLA, you are going to need to send the creditor or collector a request for them to 'validate' the debt. You need to ask for specific information that you need. A good sample letter can be found at www.creditinfocenter.com/forms/

Send your letter by certified RRR. Once received, the collector or attorney must STOP all activiites (including a lawsuit) until they comply with your request.

One more thing.... these bottom-feeding, scum-sucking debt collectors would lie to their mothers in order to get her to pay, so they have absolutely NO qualms lying to you. For example, are you absolutely positive that the person you are communicating with it actually an attorney?? Have you verified their bar license through your state bar association?? Have you verified their address to be a law office?? One reason I ask is your terminology (presumably from them) that your account "goes to judgement after that." Any REAL attorney would not say that. They might say that they would have to file a lawsuit or take some specific action, but there is no way that a clam can "go to judgment" without due process (filing a lawsuit, legal notice to you, hearing, etc.).

 

[adevine]

"DOLA" (Date of Last Activity). This is often the date of last payment, but could also be the last date the account was used, or even the date the debt was reaffirmed.

JETX
I am reading and learning all of this "stuff" so I can apply to my own situation. I thought DOLA was date of last payment. What do you mean by the last date the account was used? Do you mean placed more charges on it? And the date the debt was reaffirmed- what do you mean by that? I have a CA who has put on my credit report a new date, the date it acquired the account. Is that reaffirming? Thank you.

 

[JETX]

The SOL 'clock' starts at the last activity on the account, and is usually a payment or a charge/credit on the account. Simply, it is the date of any action that YOU took.

As to reaffirmed, your post says that you went through a 'debt consolidation' and that you apparently communicated with an 'attorney' on the debt. Some states say that ANY payment (like through the debt consolidator) could reset the SOL clock. Also, a lot of the debt consolidators actually are compensated by the creditors, so sometimes their paperwork requires you to reaffirm, which could also reset the clock. Your situation, like most debtors, relies largely on the ACTUAL clock start date..... which can be received from the validation process.

 

[keaton5055]

SOL

If you don't know the DOLA - how do you find out WITHOUT contacting the creditor? Is this info given on your credit report, such as from equifax?

 

[Ladynred]

Yes, it can usually be found on your credit report IF its still ON your CR. I'd go with all 3 reports, just to be sure.

 

[keaton5055]

thanks!!

 

[keaton5055]

on a different subject

can you please define what a "motion to set aside" means in a civil litigation case?