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I’m Confused and Not Sure How to Pursue My Debt Owed. – Vivien

“Dear Steve,

I live in Virginia, and have a judgment for a credit card debt. I am not sure if the SOL has expired, I have had the debt for over three years. I had every intention of paying the debt by paying into a debt settlment organization and lost over $4.700. They collected my money towards a servicing fee (around $4000). I thought that some of the payment would go into an escrow account. I was told that the bank that holds the money (same bank I owe to), does not service Virginia and that I would have to set up my own savings account. If I had known the money was collected up front I would not have bothered with this organization.

I received a Judgment on the credit card bill in April 2010, by Jormandy LLC a law firm. However, I did not pay the fine because I am in dispute. However, February 2011 I received a letter from portfolio recovery ass, llc representing the same bank for a settlement offer. Same bank but different account ref numbers. I am confused and not sure how to pursue this. Could you please give me some advice Steve, Thanks.

Vivien”

Dear Vivien,

It seems like the first thing you need is better data. So I’m suggest you get a copy of your consolidated credit report and see who is reporting the debt now. The contact information for them will be on the report.

OK, so that solves who to call. The next mystery is what you actually owe. Were you previously sued over this debt and received a court ordered judgment to pay or are they attempting to collect on a past due debt outside of a court order? The comment about the “fine” is confusing if this is a court ordered judgment or not.

If it is a court ordered judgment I am not aware of any process to go back and dispute the debt at this point. The time to dispute the debt was when you were sued. The only possibility I can think of would be for you to hire a local attorney to go back to court and challenge the original suit because the process was technically defective in some way.

Please post your responses and follow-up messages to me on this in the comments section below.

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About the author

Steve Rhode

Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.

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