THE LEGAL WORLD
Ever have the past raise its ugly head and remind you that you are bipolar? Well, I did in the form of a legal action for a bill that dates back to 2002..an account I don't remember and have no record of
in my files. I've been sent a copy of a statement showing it was sent to me at this address - which I did not reside at until a year later!
That's the bad news.....the facts are that I'm like many of us - disabled, on social security. Plus I don't even drive or own a car; don't own a house, stock, etc. I have my personal belongings and a dog. If this company were to go through with their legal action and get a judgment, my personal belongings are within the exempt property limit. but what about the dog?
Well, considering all of that I looked at what the principal on the acct was back in 2002 -- about $600. Meanwhile, they are suing for $1,327.00 plus costs and more interest. So I denied the account was mine but offered to settle their claim with a one time offer of $600 "because the stress of the matter was affecting my health"
They wanted more.
Here's the twist. I was a paralegal for a long time...I'm not competent in that type of law, but I'm competent enough to file an Answer and some formal discovery, i.e., I am going to file a Request for Production of Documents and ask for all the records. That is going to cost them attorney/paralegal time. After I see all their records I will be able to see if the account was too old for them to file suit; if the account wasn't mine; if there was a dispute about the charges on the account; etc. I don't know what will happen but I intend to have a little fun doing what I enjoyed doing for a living for so many years. At least I'm going to make them do some work. Turns out there's an article on the internet about this partiicular firm of collection lawyers They are known to be particularly sleazy and there is an effort being made to stop them! Interesting.
Don't worry...I'm not going to let them have the dog.
2 comments:
I'm so sorry about your situation! I don't know how those pesky creditors find us. I have more than one - I have several that follow me around, and I'm just waiting until they fall off my credit. They tell me they are going to sue, but I ignore it. You're making me think maybe that's not a good idea, but years later and they haven't sued, well...? I don't know when to take it seriously? It's credit card debt.
Damn right you're keeping your dog...AND your belongings!
Go for it! Up until recently I worked for the Citizen's Advice Bureau doing a similar paralegal type job but since my diagnosis I've had to give it up. I know one of the things I'll miss most is great feeling when you know your rights and you feel able to use them to stick two fingers up at nasty banks and credit card agencies.
Don't know the law in the states but I wouldn't imagine they could take your dog unless its a rare pedigree or show dog?
Best of luck.
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