Other Talk "Otterville" plus Religion/Politics

Nickdawgy Meets The Process Server!

Old 09-10-14, 01:24 AM
  #1  
DVD Talk Hero
Thread Starter
 
nickdawgy's Avatar
 
Join Date: Jan 2003
Location: Southern Cal-ee-for-nee
Posts: 29,295
Nickdawgy Meets The Process Server!

So yeah, apparently I am being sued for about $973.

Here's the story....

My wife and I are at home (no not with the houseguest, she's gone, I mean for good, she moved, that's another thread altogether) and we hear the doorbell ring. It sounds like a kid ring (you know, an obnoxious hammering of the button type ring) so we check the peephole, and it's some dude in a Batman shirt.

It's broad daylight, and he's a scrawny guy, so we assumed he wasn't there to murder us. Just to be safe, I made the wife answer the door ( ) and I went into the other room. She comes back and says he's asking for me. I immediately told her to say I'm not here because the first thought was he's probably a process server. I'd never been served before, but I've seen movies, and had friends that have been served. She refuses to go and say I'm not here (damn you woman!) so I go to the door, and ask who he is looking for.

He says he's looking for nickdawgy (real name changed to name we all know me by to protect the innocent) and I say what is this regarding. He asks me if I am nickdawgy, and I say he's not here, and he says he has a lawsuit from a collection agency for me (I'm sure he knew I was bs'ing him, but he never said I was served or anything). He asks if I can give the papers to nickdawgy. So I take the papers (probably stupid, I know) and close the door.

Anyhow, I paid most of my old debts, but there was a few credit cards that I never got around to. This one I defaulted owing only $500. I'm not gonna lie, I forgot about it. I can easily pay the $973 they're asking for now, but should I? This is scumbag collection agency called Absolute Resolutions regarding an old Capital One card from 4-5 years ago.

I'm all about paying what I owe (now that times are better, and I'm trying to improve my credit) so should I just call and pay what they ask? Should I settle? Do I have to go to court?

I looked up the case number online, and it's legit, but it says the future hearing is August 28, 2017 at 8:30am. Yeah, that's not a typo. 2017. But there's no court date listed other than that. At the end of the paperwork, there's a notice that says court can be avoided if I just call and arrange payment.

So what are my options here?

Oh and yes, this will end badly, I already know that post is coming.

I'm trying to be cool about fixing this, so we can try and limit the posts on how much of a deadbeat, pussy, pushover, etc you think I am?
nickdawgy is offline  
Old 09-10-14, 01:43 AM
  #2  
DVD Talk Special Edition
 
E. Honda's Avatar
 
Join Date: Jan 2007
Location: A sweaty sauna somewhere in Japan
Posts: 1,719
Re: Nickdawgy Meets The Process Server!

You should have told him, "Nah, he's not here. My name's Jace."

But in all seriousness, you answer your own question multiple times in every post. So, yes, to assuage your conscience, you should:

1. Contact the collection agency and arrange to pay the debt.
2. Not go to court, fees from that will add up to more than settling with the collection agency.
3. Don't be such a deadbeat, pussy, pushover, etc. Grow a sack and responsibly pay your past debts.
E. Honda is offline  
Old 09-10-14, 01:51 AM
  #3  
DVD Talk Hero
Thread Starter
 
nickdawgy's Avatar
 
Join Date: Jan 2003
Location: Southern Cal-ee-for-nee
Posts: 29,295
Re: Nickdawgy Meets The Process Server!

No qualms about paying past debt. I spent it, I should pay it. But I don't owe this company money and I hate scare tactic bs.

What are my options as far as settling? Will they take less?

Oh and I said my name was Bob Jenkins. First thing that came to mind.
nickdawgy is offline  
Old 09-10-14, 01:55 AM
  #4  
DVD Talk Hero
 
davidh777's Avatar
 
Join Date: Oct 2003
Location: Home of 2013 NFL champion Seahawks
Posts: 41,645
Re: Nickdawgy Meets The Process Server!

You should have actually said "Nickdawgy."
davidh777 is online now  
Old 09-10-14, 02:14 AM
  #5  
Banned by request
 
Supermallet's Avatar
 
Join Date: Jun 2000
Location: Termite Terrace
Posts: 54,156
Re: Nickdawgy Meets The Process Server!

Here's the thing, you may not have borrowed money from this company, but you failed to pay your debt to the company that you did borrow from, so they wrote you off and sold your debt (at pennies on the dollar) to this other company. So you do still owe the money to someone, it's just that the someone has changed. Just pay it, but check that they're actually reporting it as paid. That's the worst part about these scumbag companies. They'll happily take your money, but sometimes they "forget" to actually report that you paid.
Supermallet is offline  
Old 09-10-14, 02:32 AM
  #6  
DVD Talk Legend
 
Sean O'Hara's Avatar
 
Join Date: Nov 2005
Location: Vichy America
Posts: 13,535
Re: Nickdawgy Meets The Process Server!

Originally Posted by nickdawgy View Post
My wife and I are at home (no not with the houseguest, she's gone, I mean for good, she moved, that's another thread altogether) and we hear the doorbell ring. It sounds like a kid ring (you know, an obnoxious hammering of the button type ring) so we check the peephole, and it's some dude in a Batman shirt.

It's broad daylight, and he's a scrawny guy, so we assumed he wasn't there to murder us. Just to be safe, I made the wife answer the door ( ) and I went into the other room. She comes back and says he's asking for me. I immediately told her to say I'm not here because the first thought was he's probably a process server.
No, no, no. Normal people in this situation do not think, "process server". If that's your first thought, and your second is to hide, you know you've done something that could result in a lawsuit.
Sean O'Hara is offline  
Old 09-10-14, 02:33 AM
  #7  
DVD Talk Hero
Thread Starter
 
nickdawgy's Avatar
 
Join Date: Jan 2003
Location: Southern Cal-ee-for-nee
Posts: 29,295
Re: Nickdawgy Meets The Process Server!

A buddy of mine said I should call and negotiate a settlement and request that they report it paid and give me evidence in writing.

I would hate to have court fees and whatnot turn this into a $3k debt.
nickdawgy is offline  
Old 09-10-14, 02:35 AM
  #8  
DVD Talk Hero
Thread Starter
 
nickdawgy's Avatar
 
Join Date: Jan 2003
Location: Southern Cal-ee-for-nee
Posts: 29,295
Re: Nickdawgy Meets The Process Server!

Originally Posted by Sean O'Hara View Post
No, no, no. Normal people in this situation do not think, "process server". If that's your first thought, and your second is to hide, you know you've done something that could result in a lawsuit.
Well the only other thought was someone had been in an accident (family, friends, etc) but I doubt some random dude would be the one to deliver this info.

All I could think of is Seth Rogen from Pineapple Express.
nickdawgy is offline  
Old 09-10-14, 02:36 AM
  #9  
DVD Talk Godfather
 
DVD Polizei's Avatar
 
Join Date: Jan 2002
Posts: 52,455
Re: Nickdawgy Meets The Process Server!

Offer them $10. For the cost of the skinny douchebag who was at your door.
DVD Polizei is offline  
Old 09-10-14, 02:36 AM
  #10  
DVD Talk Legend
 
Join Date: Jun 2002
Location: Sacramento, Calif.
Posts: 13,526
Re: Nickdawgy Meets The Process Server!

This is a scare tactic. Collection agencies won't show up to court for $917 since it will cost them more in legal fees than the debt is worth. The reason the court date is so far out is an immediate sign.

You have two options: Own up to the debt like you (morally) should, or determine when the debt first hit your credit report. If it's within a year or two of falling off, I'd just blow it off. If you own up to it you're acknowledging the entire amount (even if they've added administrative fees, which are crap, and collection agencies can't legally collect) and you're re-setting the 7-year window of it remaining on your report.

If the debt is more than 5 years old, there won't be much of a difference on your report in terms of paying it off versus letting it sit on there with this new agency as the the creditor. Your overall score won't increase.

As Supermallet already alluded to, it's a junk debt now. Capital One wrote this off years ago as a bad debt, and it's probably changed hands at least 3 or 4 times since then. I know other people are going to jump on the "It's your debt, own it" bandwagon, and although I agree to some extent, one thing you seem to have right now is your willingness to clean up your credit and not do shit like this again. I wouldn't let some piss-ant collection agency intimidate you if it's that close to being removed from your report.
Originally Posted by nickdawgy View Post
A buddy of mine said I should call and negotiate a settlement and request that they report it paid and give me evidence in writing.

I would hate to have court fees and whatnot turn this into a $3k debt.
You're over-thinking it. If for some odd reason this collection agency was solely focused on suing you personally, and they showed up to court in 2017 over $917 and attempted to collect legal fees, they would need to prove the debt is yours. Since this is a junk debt, 9 times out of 10 the chain of command is lost and they have absolutely no proof that the debt is actually yours. Negotiating with these people on the phone is another way to re-start the statute of limitations on legal collection. It's on you, either morals or just forget it and pay your shit from now on.

Last edited by My Other Self; 09-10-14 at 02:42 AM.
My Other Self is offline  
Old 09-10-14, 03:02 AM
  #11  
DVD Talk Hero
Thread Starter
 
nickdawgy's Avatar
 
Join Date: Jan 2003
Location: Southern Cal-ee-for-nee
Posts: 29,295
Re: Nickdawgy Meets The Process Server!

I always pay my debts now. I'm in a good financial situation (even though I don't always spend my money like some of the people here would spend theirs) nowadays, and I pay in cash for most of my purchases, or with a direct debit from my bank.

I was looking at the papers again and it says the date of default is September 2010. I guess the SOL in California is four years for this kind of thing, so they just made it. It says the summons was issued on August 29th of this year.

So do you think that I should just ignore it since it does seem like a scare tactic? Especially with the "pay us now and avoid court" letter at the end? Is there any special info I should be looking for?
nickdawgy is offline  
Old 09-10-14, 03:16 AM
  #12  
DVD Talk Hero
Thread Starter
 
nickdawgy's Avatar
 
Join Date: Jan 2003
Location: Southern Cal-ee-for-nee
Posts: 29,295
Re: Nickdawgy Meets The Process Server!

Another weird thing is they attached a copy of my old statement and it shows I made a payment of $20 in September 2010. If I had just made a payment, would would the account have been charged off? The balance at the time was $400 or so. Hardly something a big credit card company like Capital One would get all bent out of shape over.

I honestly haven't had a credit card in awhile. I don't even remember making a payment in 2010.
nickdawgy is offline  
Old 09-10-14, 03:25 AM
  #13  
DVD Talk Legend
 
Join Date: Jun 2002
Location: Sacramento, Calif.
Posts: 13,526
Re: Nickdawgy Meets The Process Server!

Originally Posted by nickdawgy View Post
Another weird thing is they attached a copy of my old statement and it shows I made a payment of $20 in September 2010. If I had just made a payment, would would the account have been charged off? The balance at the time was $400 or so. Hardly something a big credit card company like Capital One would get all bent out of shape over.

I honestly haven't had a credit card in awhile. I don't even remember making a payment in 2010.
It depends how far behind you were in payments. It's also possible they manipulated the statement, which is why you always need to validate debts before you make an effort to pay them.

No respectable company with an actual ability to prove this debt is yours would serve you with papers for a court date 3 years removed and telling you to avoid court by paying them now. It doesn't work that way.

I don't know if you'll actually heed any of my advice, but I've been in your shoes and have done enough leg work on my own to understand the ins and outs of this stuff.

Bottom line: if it were me at this point I wouldn't pay it.
My Other Self is offline  
Old 09-10-14, 03:35 AM
  #14  
DVD Talk Hero
Thread Starter
 
nickdawgy's Avatar
 
Join Date: Jan 2003
Location: Southern Cal-ee-for-nee
Posts: 29,295
Re: Nickdawgy Meets The Process Server!

Originally Posted by My Other Self View Post
It depends how far behind you were in payments. It's also possible they manipulated the statement, which is why you always need to validate debts before you make an effort to pay them.

No respectable company with an actual ability to prove this debt is yours would serve you with papers for a court date 3 years removed and telling you to avoid court by paying them now. It doesn't work that way.

I don't know if you'll actually heed any of my advice, but I've been in your shoes and have done enough leg work on my own to understand the ins and outs of this stuff.

Bottom line: if it were me at this point I wouldn't pay it.

No, I appreciate your advice. So you're saying I should just ignore it? What proof do they even have that I ever received the papers anyway?

The top of the summons says I have 30 days to respond or a default judgement may be levied against me.
nickdawgy is offline  
Old 09-10-14, 03:44 AM
  #15  
DVD Talk Legend
 
Join Date: Jun 2002
Location: Sacramento, Calif.
Posts: 13,526
Re: Nickdawgy Meets The Process Server!

Originally Posted by nickdawgy View Post
No, I appreciate your advice. So you're saying I should just ignore it? What proof do they even have that I ever received the papers anyway?

The top of the summons says I have 30 days to respond or a default judgement may be levied against me.
They don't. I would make sure it's a legal summons first. Junk debt companies sometime have fake summons written up for situations like this. It's possible the kid was given $100 or something and is just making the rounds in your neighborhood. Think of it this way: if they can't get a hold of you through snail mail or by harassing you with threatening phone calls, what do they have to lose by having someone go around town by handing off these letters? Chances are someone will pay, and since they they paid next to nothing for these debts, it's all about maximizing profit. Junk debt collectors aren't in the market to sue. Most people don't take time to research any of this stuff and just pay them so they go away without understanding the ramifications.

I'm not a lawyer and won't pretend to be one. It's really up to you, I can just tell you what I'd do in this situation.
My Other Self is offline  
Old 09-10-14, 03:50 AM
  #16  
DVD Talk Special Edition
 
Join Date: Oct 2002
Location: S.F. Bay Area
Posts: 1,173
Re: Nickdawgy Meets The Process Server!

It perplexes me that anyone would spend $370 in filing fees (plus ~$85 for the Batman-shirted process server) to sue someone for $973, but there is always some scrappy, young, starry-eyed collection agency that needs to learn the hard way that suing on such small amounts is a very poor business model. Although, truth be told, they probably struck gold in your case (for reasons apparent to most Otters).

You done got served and have 30 days to file an answer (plus your own $370 filing fee, yes the court is the REAL winner here). I do this shit for a living and if you had a couple thousand to blow, I would paper the collection agency into a sure-fire dismissal (mostly because collection agencies usually don't have sufficient, admissible evidence of your debt, and it's always good fun to subpoena the dude who signed the complaint to appear for trial since that dude usually lives far, far away, but I digress...)

Did I mention that this is a $973 problem? With a $370 filing fee to file an answer? Yeah, not gonna be cost effective to fight this case, even a little bit.

You can try to offer to pay half of the $973 (or any other arbitrary amount of your own choosing). The collection agency may or may not bite. If I were them, having sunk close to $500 into the case, I would wait to see if you actually filed an answer. If that is the case, you will be out $370 to file the answer (twice that amount if they named your wife as a co-defendant because each party has to pay a filing fee).

Tell them you went to see a bankruptcy attorney. That sometimes puts the fear into them, especially if your credit file shows a lot of debt. Not really a whole lot of sensible options available to you other than paying the debt or some portion of it. Did I mention that this is a $973 problem?

You are correct that the SOL is 4 years for a written contract in California. This often gets extended if the consumer affirms the debt to the collector (a primary reason why "this call may be monitored for quality or training purposes"). It appears this is a non-issue in your case.
ResIpsa is offline  
Old 09-10-14, 03:56 AM
  #17  
DVD Talk Legend
 
Join Date: Jun 2002
Location: Sacramento, Calif.
Posts: 13,526
Re: Nickdawgy Meets The Process Server!

Listen to ResIspa.
My Other Self is offline  
Old 09-10-14, 03:57 AM
  #18  
DVD Talk Special Edition
 
Join Date: Oct 2002
Location: S.F. Bay Area
Posts: 1,173
Re: Nickdawgy Meets The Process Server!

Originally Posted by My Other Self View Post
They don't. I would make sure it's a legal summons first. Junk debt companies sometime have fake summons written up for situations like this. It's possible the kid was given $100 or something and is just making the rounds in your neighborhood. Think of it this way: if they can't get a hold of you through snail mail or by harassing you with threatening phone calls, what do they have to lose by having someone go around town by handing off these letters? Chances are someone will pay, and since they they paid next to nothing for these debts, it's all about maximizing profit. Junk debt collectors aren't in the market to sue. Most people don't take time to research any of this stuff and just pay them so they go away without understanding the ramifications.

I'm not a lawyer and won't pretend to be one. It's really up to you, I can just tell you what I'd do in this situation.
Easy enough to check the court's website to see if the case number appears as a valid action. The hearing date set far into future could be just a control date for the court to verify if the lawsuit was served and/or moved forward (cases can be dismissed if they don't go to trial within 3 or 5 years).
ResIpsa is offline  
Old 09-10-14, 03:58 AM
  #19  
DVD Talk Special Edition
 
Join Date: Oct 2002
Location: S.F. Bay Area
Posts: 1,173
Re: Nickdawgy Meets The Process Server!

Originally Posted by My Other Self View Post
Listen to ResIspa.
No, no, no. Hire ResIpsa
ResIpsa is offline  
Old 09-10-14, 03:58 AM
  #20  
Banned
 
Join Date: May 2006
Location: Llama School
Posts: 6,539
Re: Nickdawgy Meets The Process Server!

ResIpsa has a Batman shirt.
Lt Ripley is offline  
Old 09-10-14, 06:16 AM
  #21  
DVD Talk Legend
 
Nick Danger's Avatar
 
Join Date: Mar 2001
Location: Albuquerque
Posts: 22,360
Re: Nickdawgy Meets The Process Server!

If you don't pay the debt, the collection company will eventually give up and quit bugging you. Then they'll sell the debt to another company who will start harassing you all over again.

Mrs Danger has had the same business phone number for ten years. She regularly gets calls from debt collectors looking for the previous owner of that number.
Nick Danger is offline  
Old 09-10-14, 07:01 AM
  #22  
DVD Talk Gold Edition
 
Join Date: Nov 2003
Location: currently Philly originally from Puerto Rico
Posts: 2,896
Re: Nickdawgy Meets The Process Server!

Listen to ResIpsa. It's all about chain of possesion. I had something similar to this but it was like $3000.00 which was BS. I hired an atty for $600 and the collection agency was laughed out of court. They couldn't established a chain of ownership or anything. then a month later my atty called me to tell me that the collection agency called him telling him they were trying to get a hold of me. He played it dumb to see if it was the same debt. IT WAS! and he was like "hmmmm you lost, we went to court..." They had no clue. They are just grasping for any pennies they can get.
BuddhaWake is offline  
Old 09-10-14, 07:01 AM
  #23  
DVD Talk Legend
 
Rob V's Avatar
 
Join Date: Nov 2002
Location: On the lake
Posts: 10,476
Re: Nickdawgy Meets The Process Server!

Rob V is offline  
Old 09-10-14, 07:22 AM
  #24  
Admin-Thanos
 
VinVega's Avatar
 
Join Date: Nov 2000
Location: Caught between the moon and NYC
Posts: 31,526
Re: Nickdawgy Meets The Process Server!

Well, whatever happens here, we have new material.

VinVega is offline  
Old 09-10-14, 08:15 AM
  #25  
Enormous Genitals
 
Bandoman's Avatar
 
Join Date: Oct 2000
Location: a small cottage on a cul de sac in the lower pits of hell.
Posts: 33,001
Re: Nickdawgy Meets The Process Server!

What small claims court schedules a hearing three years ahead of time?
Bandoman is offline  

Thread Tools
Search this Thread

Archive Advertising Cookie Policy Privacy Statement Terms of Service

Copyright 2018 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.