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Collection Calls.... To pay or not to pay(LONG)
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Posted by Michelle (207.8.174.30) on June 14, 2002 at 21:45:09:
Ok, here is the story. I used to sell products for a company about 6 maybe 7 years ago. They say that I have a balance of $242.16 on the account, I started making monthly payments on this account about 5 1/2 years ago because they called with very threatening calls saying that they could get me for stealing, because I never paid for the products that were ordered (I don't think I owe it, but I have no proof). Then I just quit paying on it and hadn't heard anything from them until about 1 month ago (yes, 2 years later), and it was from a collection company. They told me I had to pay it in full. They gave me until the 31st of May. When the time came, I called them and said that I didn't have it, but they said they couldn't stop the automatic debit from my checking account because it wasn't within 72 hours. I put a stop payment on the check, they called back and said that it came back NSF not stop payment and they were sending it to the State's attorney. I have my receipt for the stop payment I put on it,but what I need to know is if I should pay it. I called a lawyer and he said the SOL is out of date, although there was a contract signed with the company, so he said not to worry because a stop payment is not a criminal offense like writing bad checks is and since I have my proof of that the State's Attorney will just send it back to the collection agency after I prove the stop payment to them. But what should I do, I am worried that they will take me to court, the lawyer says not to worry because they are out of SOL. Any help is greatly appreciated. Thanks
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