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They sent me a summons, for the same amount they charged off, is this legal?

Q: I have a vehicle and got behind on payments, I looked at my credit report and all 3 credit reports show that the ford credit charged off the debt for the full amount owed, and now they sent me a summons, for the same amount they charged off, is this legale?

It likely is, though once they sell the car they can only collect the deficiency balance (plus court costs and attorney fees) if they prevail in the suit. The amount they credit report should be the amount owing at the time of default, and if they credit report a different amount it may be a violation of your rights under the Fair Credit Reporting Act.

cindy 2011-10-14 18:57:25

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4 comments

  1. I had credit card debt; I on the phone talked with an agency to settle debt with balance being charged
    off; they operated in the state of Missouri. The debt charged off was sold to another agency in Delaware; no contractual or verbal agreement. I live in Mississippi; the agency is operating under the state of Delaware. They have filed a Civil Suit with a Justice Court. Please advise Statue of limitations? Which state, Mississippi, Missouri, or Delaware.

  2. christine gonzalez

    They can NOT collect any more money than what was owed No attorney fees or taxes or anything all that is illegal.Know your rights the guys on this site are wrong. Under UCC code they can ONLY get what is owed not a penny more. unless you accept.

    • You are incorrect. The UCC pertains to the sale of goods, not credit extensions. The credit contract, unless superseded by state or federal law, dictates what can and cannot be charged.

  3. If you owe the debt that is one this. However, you are digging a hole because the account was written off by the original creditor. Then sold to another debt collector & then another company operating in the state of Delaware & you live in Mississippi & they have filed a civil Suit with a Justice Court? In what state? Also, how old this debt? According to the SOL in Mississippi, the SOL is 3 years. So, if it is an old debt that is 3 years old or more, they cannot sue you. In fact, if they threaten you, they can be sued. To help you a little more, go to http://www.FTC.gov & look up “money & credit”. It has information that will be helpful to you.

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