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So one of my best friends got hit with a summons/complaint from, upon a little research, a company that bought Chase's bad debts and another he doesn't recognize. I know the guy lost his job and hasn't had much work for the past few years but I'll save the sob story. I know him and I know he was planning on trying to pay them something eventually, but now he's more upset and doesn't want to pay this other company. Some folks say you can fight it due to the fact that you had no agreement with this other company, other reasons, etc. Any advice I can give this guy, and/or anyone know any attorneys in Greenville that deal with this sort of thing. He would rather respond himself as of course he can't afford much for an attorney. Please save any "tell the deadbeat to pay his debts" types of remarks. As this guy is surely not a deadbeat. Thanks
Depending on how much the credit card company says he owes, it may be cheaper for him to hire an attorney. I know that sounds painful, but it is probably true. And he DEFINITELY shouldn't let his pride get in the way here. That's VERY expensive. I'd advise him to strongly consider it and make a few phone calls based on friends' recommendations, or else he could call the local Legal Aid (check with the state Bar Assn.). If he can get an attorney to file the appropriate pleadings and get this thing dismissed for $500-$1000, it will be money very well spent. I don't think your friend has any idea of the paperwork & bureaucracy involved in fighting this kind of thing. Once another attorney steps in, the credit card company often (if not usually) folds because they generally can't prove their claims. It may be sad that that's how it goes, but it's realistic.
It's not impossible to battle it on your own, but it's very difficult. I'd start by using Google to look through Credit and Debt Forums and Legal Issues to see what other people's pro se experiences are and start from there. Since he's already been served with a Complaint and Summons, the clock is ticking, and he needs to get going. The one thing he does NOT want is a default judgment against him by not taking action soon enough. (BTW, I work in the legal field, but not in SC, and I'm not an attorney.)
Yea i think it's about 4k and some change. We've looked on google but so many links end up being an ad or advertorial or generally confusing. Would a bankruptcy attorney be the type to contact or what type? Thanks for the response.
No, I don't think a bankruptcy attorney is necessary. Any attorney with even a few years of experience in civil/litigation/business matters should be able to do this. Again, I'd check with friends if you can, just to make sure you end up with someone who has the experience and charges you a fair price. Good luck to you both -- your friend is in a common position, and the credit card companies are kind of like circling sharks but generally have very weak cases from a legal perspective.
I heard something on WYFF today about free legal clinics in the area. Try a quick search on their website, or maybe someone else can give you more info. That could be a good start for him.
My friend started getting phone calls about a potential bill he supposedly owed, with the company claiming it was for hospital services from years before. He knew he had paid all the bills that came in and nothing long after the fact ever came in the mail saying he hadn't paid the bill in full. So here, years later he started getting phone calls from a company saying he owed them this money, but they would never send exact proof of what it was for, and he wasn't going to pay anything, even with this company being obnoxious, rude and demanding.
Over time, they would sell the debt to another company and the calls would start again, with a lower amount they would take to satisfy the amount they say was owed. He still wasn't going to pay. Calls finally stopped. Not sure if they finally gave up, or if we'll start getting calls again (it's been well over a year since they called) or that they've sold it so many times over the years it's worthless.
As for the one your friend doesn't remember - it may not be his, could be someone with the same name, or possibly someone got his credit info and opened an account in his name without him knowing about it. One thing every site relating to debt collection states:
Verify or validate the debt: When a collection agency claims you owe them a certain amount of money, you need to send a written request to the agency asking them to prove that you owe the debt. Just check out the debt validation letter to ask for validation of the debt in writing. Debt validation is essential because collectors often contact debtors for old accounts where the SOL has expired or for accounts which have already been paid off.
Can't give any recommendations on what to do, each case is unique and each person has to do what they find is right for them, and their situation.
What I can say is to look and read the following links - there's some helpful information on there.
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