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Haunting 12 year debt -- JUDGMENT in effect
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Posted by DannD
(68.63.140.103) on March 21, 2004 at 20:11:02:
Stupidly, I authorized my boyfriend on my cc in 1991. We broke up and he ran with the card as revenge (which had a zero balance) and maxed it out to $4,000! He also signed his name when charging. I tried disputing it with the bank claiming he fraudulently charged my card. My last payment was 6/91. CC was charged off as of 1/92 and appeared on my CR. I was not able to use my credit again until 98. I have all of my CRs and that charge off is not there now. I lived in MA at the time. In 1996 the First National Bank came after me. I never made it to SOL (6 yrs. in MA). I was served and went to court. Defense did not show up. Case was dismissed. A few months later I got another summons and had to go to court again. They did not show and the case was dismissed a second time. AGAIN, they summoned me to court and they did appear this time. Judgment was issued for me to pay $5,000. By the way, when I went to court in 1996 they had all the interest tacked on and were trying to get awarded $9,000! This order is dated 12/96 and states:
This capias expires one year from the date of issue indicated below.
A payment order made on 1/92. The defendant must pay $5,000, plus postjudgment interest as provided by law. The defendant is required by law to pay the plaintiff the total amount. This constitutes a legal obligation by the defendant to pay this amount.
Other conditions: on or before 12/97. Note: I was never originally served a summons to appear in court the first time, I believe it was in 1993, so I did not appear and it defaulted. If I had received something from the courts in the mail after not appearing, I don’t remember. I do know now that there is nothing in the court records of my receiving the original summons. From what I understand, it was delivered to my old address and probably got stuck to the door. I did not find this out until the judgment in 96 against me was ruled after court and was then able to view all the files on my case that the judge had. My attorney and I realized we had not seen that first file where I was not notified. I’m not even sure it would have mattered, given it was from 1993 and it was 1996. ??? I paid a little monthly on this judgment for a year or so. Sent payments to the CA (who is the attorney aka/debt collector and was behind processing all of this from the beginning). Then around 1998 I got a call from Providian saying I owed them and why wasn’t I paying. Well, I didn’t know my account was with them. This CA has never sent me anything on my account except for letters letting me know I am required to pay First National and then later First National aka Providian. I have never received statements or accountings of this, nor have I ever been notified of the banks transferring my account. I felt like I was pouring $ into a black hole…never knowing where I stood and in fear of being taken to court. It all just seemed pointless to pay and hopeless to get it resolved. Sometime around 98 I stopped paying. I have moved several times in the last five years and every now and then this same CA sends letters to my old POB in Mass. (my son resides there and has the same POB, so that’s how I know.) Now he has found my new address in CT and sent me a letter stating Chase Manhattan has agreed to settle my debt with them at 50% of $12,000! When did Chase come into this picture? There is no indication of my judgment in this letter, of where this amount came from or why I owe this bank. Being that this CA has been fishing me out for 10 plus years now, I do believe it is the same debt from 91. I recently had several accounts with Chase for CCs and loans, but have paid all of them off. I am still within SOL for the Mass. judgment (20 years @ 12% interest). The calculations work out to $12,000 if calculated from 91 from the last time I paid this debt on the original $3,960. My question is from what point can this bank charge interest? From the date of the last payment in 6/91 or the judgment issued on 12/96? Is there anything I can do now because of the fact I wasn’t notified from the very onset of this? I have read here that while in SOL it’s not a good idea to request VOD and to just dispute the debt, which I believe I have a good reason to dispute it now with yet another bank involved and not knowing how that happened or what the accounting is? Maybe I should just request them to validate anyway. Should I write to the CA or not deal with him at all? I don’t even know how to go about contacting Chase, if that’s the way to go. I don’t have an account#, just this CA’s letter with his file # on it. I doubt Chase can even validate this account given the history. I don’t know how to start this for the best end result. No one in their right mind would just send a check to this CA. I think he’s trying to make me think it’s another matter altogether so I will respond and he can flush me out and get the ball rolling again.
In this letter he writes: “Please be aware that delinquent credit can effect not only your ability to obtain a loan, filing suit against you becomes necessary and the execution will remain on your credit history for 20 years.”
And, of course, please make checks payable to (CA’s name) Attorney for Chase. I’m worried about going back to court with this judgment, possible wage garnishment, liens on my properties and freezing my bank accounts. If I open communication, this CA will surely set me up. I’m not sure he is even licensed in CT. How can I find out? If he is not, can’t he just have a rep from CT handle this? Can Chase put anything on my CR if this debt from my judgment has been transferred to them even after First National charged off and reported it to my CR years ago? I want to resolve this, fight it if I can, get rid of it the best possible way. If I have to negotiate, I want to end it completely, but I only have just so much cash to work with and it’s not 50% of $12K. BK is not an option for me. My credit scores are over 700.
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