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Follow up help on CA (WHY CHAT??? ANYONE???)HELP!!
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Posted by Michelle (207.8.174.25) on June 18, 2002 at 00:03:32:
Ok, I have copied and pasted a previous posting of mine about a collection agency trying to collect when out of SOL. (It is below). Here is the problem now, the CA called today and I told them that I was dealing with my lawyer on this because the original creditor was out of SOL, they asked me for the name of the lawyer and the number, I gave it to them and then they asked if it was ok to talk to him about this matter, I told them no, and she said they would not call him, only if he called would they discuss it with him. Then before we hung up she said that they would not contact me again and wait to hear from the lawyer if he didn't call then no action would be taken. Something about this didn't sound right to me, so I am wondering if they will file a law suit, of course they now know that they are out of SOL. Please help.
Michelle
(Previous Posting)
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 I called a lawyer and he said the SOL is out of date, although there was a contract signed with the company, so he said not to worry because a stop payment is not a criminal offense like writing bad checks is and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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