Re: help

Posted by afool (209.215.30.43) on November 18, 2002 at 12:09:19:

In Reply to: Re: help posted by LadynRed on November 18, 2002 at 09:45:15:

hi, thanks for answering my long post.
i wanted to tell you that i dont believe the
judgement was entered: we never did go to court
, we just went to their attys. office and my husband signed a stipulation of settlement, at their attys office.and their atty.
, put in there that if
we dont pay as agreed, my husband agrees that a final judgement will be put in. we were given, by
their atty. a paper that says settlement was accepted by court, no judge signed, but its stamped by a judge, ?? does this mean we have a
judgement against us? about the 22% interest rate: this debt was orginally with citibank, and
this co. that was listed on the summons, was Asset Acceptance, and they say they are an assignee for citibank. i'm not clear on what that means, ? but the main thing about the interest rate is that on our original agreement (that they included in the summons) it says default rate is 19%, and somehow along the way someone after charge off or transfer or maybe even before , has been at 22% since 1998. so, it is not what was in the credit card agreement for default rate. does this mean we should speak to atty. or who, do you think? you know, what really stinks about this is that long long ago , we wanted to pay on this debt, and it was pay it all or nothing, and they would get me in tears on the phone with the horrible things they would say, and now all this time later , we're paying off a 12,000 +.
do you think that even if there is no judgement filed against us, because he did the settlement stipulation, that we could request to go to court , under the same case # that was on the summons , and get the whole thing thrown out, since it was sol, for an open acct(even though they sited chapter 47 of statues-prom.note), and
they have the date of last activity wrong on summons, they say they are a foreign company, and then they say in the same summons on an affadvit that they are a michigan co. and affadvit has a notaries stamp, but no seal and the persons name thats on the stamped part, isnt the person that signed it as the notary, and they included no proof of statements from orginial debtor in summons(just cc agreement copy)(an affadvit from manager of asset, saying he can say that this is debt we owe,etc.) although i faxed a copy of two cc statements from 8/97 & 9/97 to their atty. to show them that the balance they had in summons for that date was wrong, so now they have proof of debt, if they didnt before, and now i dont believe they did, and when i told their atty on the phone that the amount was wrong and so was the interest rate, they had been charging us, he said oh you still have those statements , he sounded shocked that i still had them.
anyway, i'm rambling on and on.
one other favor could you give me the direct link to the florida statue that actually says the 4 year for open accts. i cant seem to find that, thanks. thanks for anymore help you can give us with this, i really feel that we were taken advantage of by these people, and maybe its just too late for us?

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