- Report: #397928
Complaint Review: Chase Bank And Ferrell And Seldin Attorneys - Albuquerque New Mexico
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Chase Bank And Ferrell And Seldin Attorneys
6605 Upton Blvd. N.E. Suite 200 Albuquerque, 87190 New Mexico, U.S.A.
Phone:
303-798-8300
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Chase Bank And Ferrell And Seldin Attorneys In March 2008 this attorney's office issued me a summons to appear in magistrate court to settle this debt that was passed the SOL Albuquerque New Mexico
There were precursors to this old debt such as attempts to collect payment from collection agencies and special offers to reduce the amount owed and the like. I was not able to repay the debt that was racked up by the games credit card companies play such as the over the limit fees and past due fees.
As it tunrs out I ended up owing more than I actually charged on this account. On my credit report it showed this debt as a "charge off" account and then low and behold I am served a summons to appear in magistrate court before the end of (30) thirty days or I would be forfeiting my right for dispute. This was in March 2008. Of course I caved and we set up payment arrangements and I am still paying.
My question are: First, if I hadn't done what I did would I still have to be paying now? I know this debt was way past the statute of limitation according to New Mexico Law. Second, how can a law firm that is based in Colorado be able to cross state lines and prosecute or seek payments for a charge off account from someone who doesn't live in the state in which their offices are located? Third, where is the money I am paying going? Is the former creditor seeing this money or is it some third party or the attorneys? Fourth, why hasn't these attorneys sent me a summary of amounts paid instead of just letting me know they received my payment. I mean how will I know that I am close to being paid off. The amount I was notified I would have to pay varied greatly from the attorney's representative told me on the phone by almost $1,000! When I was notified by the court and its decision I was stuck with attorney fees, court cost, the original debt and 8.75% annum. If you ask me I got screwed! Fifth and last, is this all bogus? I mean what will happen if and when I stop paying? Will more amount be added in the course of paying them off? Will I ever be done payig them off? I need some advice.
Please help because if these attorneys or doing this because they can it needs to be dealt with especially since everything is in such a crunch. I know millions of people that owe their creditors thousands of dollars more than what I owed this creditor and I don't hear about them going after them. I mean what is a measly $2000 to a creditor hat makes Billions in revenue? Like I said please help.
Donald
Hobbs, New Mexico
U.S.A.
As it tunrs out I ended up owing more than I actually charged on this account. On my credit report it showed this debt as a "charge off" account and then low and behold I am served a summons to appear in magistrate court before the end of (30) thirty days or I would be forfeiting my right for dispute. This was in March 2008. Of course I caved and we set up payment arrangements and I am still paying.
My question are: First, if I hadn't done what I did would I still have to be paying now? I know this debt was way past the statute of limitation according to New Mexico Law. Second, how can a law firm that is based in Colorado be able to cross state lines and prosecute or seek payments for a charge off account from someone who doesn't live in the state in which their offices are located? Third, where is the money I am paying going? Is the former creditor seeing this money or is it some third party or the attorneys? Fourth, why hasn't these attorneys sent me a summary of amounts paid instead of just letting me know they received my payment. I mean how will I know that I am close to being paid off. The amount I was notified I would have to pay varied greatly from the attorney's representative told me on the phone by almost $1,000! When I was notified by the court and its decision I was stuck with attorney fees, court cost, the original debt and 8.75% annum. If you ask me I got screwed! Fifth and last, is this all bogus? I mean what will happen if and when I stop paying? Will more amount be added in the course of paying them off? Will I ever be done payig them off? I need some advice.
Please help because if these attorneys or doing this because they can it needs to be dealt with especially since everything is in such a crunch. I know millions of people that owe their creditors thousands of dollars more than what I owed this creditor and I don't hear about them going after them. I mean what is a measly $2000 to a creditor hat makes Billions in revenue? Like I said please help.
Donald
Hobbs, New Mexico
U.S.A.
2 Updates & Rebuttals
Robert
Irvine,California,
U.S.A.
It may be too late
#2Consumer Comment
Fri, December 05, 2008
First, if I hadn't done what I did would I still have to be paying now - If you went to court and used the Statute of Limitations as an affirmative defense then NO the case would have been dismissed. Second, how can a law firm that is based in Colorado be able to cross state lines and prosecute or seek payments for a charge off account from someone who doesn't live in the state in which their offices are located? -This is a civil mater there is no "prosecution". However, there is a concept called "reciprocity" which basically allows lawyers from one state to practice in a neighboring state. This probably applied here. Third, where is the money I am paying going? Is the former creditor seeing this money or is it some third party or the attorneys? - The original creditor sold the debt so they already got what ever money they could. The money you are paying is going to the collection agency and lawyers. Fourth, why hasn't these attorneys sent me a summary of amounts paid instead of just letting me know they received my payment. - There is no law that I am aware of that requires them to generate a statement. Fifth and last, is this all bogus? I mean what will happen if and when I stop paying? - If this is an actual judgment then it is not bogus. If you stop paying voluntary they can take action to get the money by other means. They may be able to get a court order to Garnish your Wages, attach your bank account, or place a lien on any real property you may own. Unfortunately these are questions you should have been asking BEFORE you made arrangements to pay them. If you really have doubts it may be worth it to talk to an attorney. However, at this point you are probably going to have to pay until the judgment is satisfied. By the way creditors are going after people for as little as a couple hundred dollars, so you are not a small fish with $2,000.
Nikki
Coconut Creek,Florida,
U.S.A.
Questions
#3Consumer Comment
Fri, December 05, 2008
When you went to court, did you tell the judge the debt was past the statute of limitations? If you had, the judge should have dismissed the case against you. You stated, "When I was notified by the court and its decision I was stuck with attorney fees, court cost, the original debt and 8.75% annum." Did the court notify you of that while you were there, or did you not show up and the judge ruled in favor of the collection agency? If you are ever sued, and it is past the statute of limitations, the judge will not rule based on that argument unless you are there and make that argument. By setting up payment arrangements, I fear you have just entered into a new agreement with the collection agency and the original creditor no longer matters. You have promised to pay the collection agency and now your debt is with the collection agency rather than the original creditor. I don't know if you can reverse any of it. You would have to contact an attorney.
