Concerned Consumer
San Diego,#2General Comment
Wed, March 31, 2010
So...I read your report and feel compelled to do something. The exact same thing happened to a friend of mine and he is looking at taking legal action against the bank and the law firm who represented the bank in collections.
Kmmp
Ramona,#3Consumer Suggestion
Wed, March 24, 2010
First, they had to notify your Grandmother in writing that she had a debt and they were trying to collect on it. If they did and she did nothing, they would have tried again, and then called her. Ask her if they did anything like that or if she had ever heard from them.
Then, you need to write to them via certified mail and ask them to verify the debt. Chances are they purchased the original debt from the bail company. Ask them to verify the amount, dates and provide proof that the debt is hers. If they refuse, you can show up for court and explain to them. You can also file a response to the lawsuit yourself by going online to your state government court forms site. Usually the forms are the "fill-in" kind and also apply for a fee waiver with the court. Make sure they have filed in the proper county and that the lawsuit is legitimate. Was it served in person or sent by mail. Civil suits need to be served by a process server in most states.
You can call the original bail company also and show them the letter stating the bail was "exonerated" and ask them to deal with it since it was their fault that it went to collections in the first place.
Don't be afraid of them, they are trying to scare you. You need to do some legwork though to protect your grandmother, they should not be allowed to intimidate her. Do not let her ignore this though, because if the lawsuit is legitimate and you ignore it, the court will render a judgment against her and she has no recourse!
Good luck.