Re: COULD YOU CLARIFY PLEASE-Long
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Posted by Mia
(209.79.199.55) on August 14, 2004 at 03:34:33:
So is validation something you don't want to ask for? What about the c and d letter. Does that just make things worse? I don't know. After the c and d it went to an attorney in my area who wants me to sign settlement agreement so it will not have to go to court. I thought they could not negotiate after the c and d. Said they were doing me a favor. I told them I wanted to see their offers in writing before I decided. Told them I was thinking about my options. Denied the account was mine but was willing to explore the issue if they could prove it was mine. They hesitated but said they would. Than nothing. No calls no letters nothing. I did ask if they had any contracts or bills or receipts because I really don't feel this bill is mine want to see the signature and see who it belongs to. I asked for extensive validation. So they can't send me validation just because I asked? That seems counter productive. If they could prove it to me I might be willing to pay the OC amount without the tripled intrest the CA tacked on. I am working. I make decent money. But I am head of household and don't own anything. Nothing and I am still trying to pull myself out of debt from graduate school and a bad divorce in which I lost everything I had including my good credit! I have a car loan for 17,000. Only paid off 2000 so far. Someone said they would wait until it is paid for than get a judgement and take it when I get ownship. Even that is with a primary co signer (I am only secondary due to my bad credit) and I will change it to his name if I have to. I owe school loans. In deferrement and have three old collection accounts besides this one. Over all my CR says I am in 32,000 in debt. My credit report is shot and my bank account.....check in, check out. No savings. All my household furniture and supplies are very old. Furniture donated and belonged to my parents when they got married 30 years ago. Rent here is very high and takes most of my first paycheck. But it seems that they want that paycheck. My student loan is in forberance right now because I can't afford to pay it. I have one cc in good standing opened a month ago to try and reestablish my credit. I only charge about 50 a month and apy it right off just to get a credit history. One loan in forbearance and my auto loan which is current. I know they know all this they have pulled my CR twice in the last six months. What are they really after? My credit report paints a very sad picture ;-) After figuring it out.......25% would be about 600 dollars a month! There is just no way. I live in CA and that seems to be the law 25% for judgements. Necessaties of life exemption for rent, utilites, food ect. But what about daycare and gas where it all goes?
I think they think I have something of worth. I might file bankrupcty. I don't want to because I have three positive accounts and felt like I was finally making some financial/credit score progress. A judgement will ruin me. I really financially need to clean up my credit so I can get out of debt. What a huge mess.
I guess I just go to Court. I told the Lady if they were going to sue I planned to be at every hearing and wanted it in my county. I told her I work in the court systems in my county and know the laws. Told her it was there burden of proof to show the court I owed the money and I would be requesting discovery and evidence. I testify and write court reports all the time so I know what I have to do.I know the burden of proof I have to deal with it alot in my job. Gotta be clever. Just don't want to. She had no clue and was really not up on the court system. She refused to let me talk to the attorney or her supervisor but said she would not be in court someone would be if they filed. Told her I needed to talk to that person. She said no. Got of the phone real quick. I really know the court games.............that is why I am so scared. I know even the innocent can lose in court depending on how the game is played. I was nice but firm. Told them I really wanted to work with them but I wanted validation first because I could not afford to pay for something that wasn't mine. (gotta feed my kid)
I thought I was judgement proof.
I am at a loss. Maybe I am going about this the wrong way? Oh boy.............please help!!
I did ask for validation already. Does this USUALLY mean I am going to be sued?
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