Update on court case over OLD debt
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| Mon, 06-15-2009 - 11:22am |
I posted a while ago about my mom getting a summons over an old debt that was paid in 2003. I had a front copy of the cleared check from her bank and it was dated 5/03 and had "paid in full" and the account number on it.
I called the law office and explained that it had been paid in 2003. The clerk I spoke with originally told me to mail the proof in. I did so a few weeks ago but never heard back. The court date is this Thursday, so I called back today to find out what was up.
The moral of the story: never give up.
The very nice woman I spoke with apologized and said she didn't know why no one had gotten back with me. She told me that they usually needed a front and back copy of the check or a letter from the creditor stating the account had been paid, so my (mom's) best bet was to go to court to argue it.
Um, no.
I pointed out the fact that the check she had showed "paid in full" in 2003 and I hadn't made a payment since, needless to say. Wasn't there a statue of limitations involved? She said she didn't know about that, and my best bet was to go fight it. (She was still very nice).
Ahem.
So I told her that the last person I spoke to told me they were pursuing collection under VA law, which states that such debts are time barred from legal action after three years. Because the check was dated 2003 and I obviously had not made a payment since, they could not win a judgment unless they proved I'd continued to make payments. I assured her they would not be able to do any such thing. She asked me to hold one more time, then came back and said they'd drop the case, send me a letter documenting as much, and I could verify it with the court Wednesday since the letter probably wouldn't make it in time.
That's better.
Playing the "polite but firm" card pays off! And I think I helped myself by not whaling into the technicalities of the law from the beginning of the conversation. At any rate, I just hope this goes to show someone out there that standing up for yourself - even against an attorney - is worth it.
Sarah
sahm, wahm, homeschooling mom to

Good girl for sticking with it.
Norma
"Patience is the best remedy for every trouble"- Plautus
Good to hear that everything got resolved for your mom Sarah. yes, sometimes it just takes a little bit of extra legwork and a firm hand with things like that!