Actually, I just wanted to post the whole thing on the net.
An ex-friend got a high intrest loan in my name that they deposited into my account when she was staying with us. I don't know how (and I had to close the account after I found out about it), but she managed to withdraw the money from the account the same day it was deposited. She went on to brag about it to one of her friends that came and told me about it. In order to protect my credit, I told her that if she told me where she took the loan out with, that I wouldn't report her, I'd take care of the balance, and we'd work out some type of payment arrangement (she hit a slum and was/is living off of government income and has no real property to speak of...so it's not like taking her to small claims court would do me any good). She told me she wasn't sure, but that she was using my e-mail address (my wife was letting her use the backup aol account on the computer in the guest bedroom).
So, I go to my e-mail account. Nothing in the Inbox, Sent, or Trash folders (she obviously cleaned them out before she left). For the hell of it, I check the spam folder. In there was an e-mail from a company claiming that I had an overdue account with them valued at $540. They offered to settle the account for $300 (apparently the principle of the loan) split up into 3 payments if I wanted. Obviously, I quickly replied letting them know the situation and agreed to repay. I told them how I'd be making payments and then waited for them to send the required forms to set it up. I couple of days go by and I get a call from another company telling me that they are a collection agency for the first company and that I owe them a lump sum payment of $405 (25% off the total account balance). I told them that I already had a settlement agreement with the original creditor. They presisted, and so (after filing a BBB report and they still not wanting to acknowledge the agreement, despite me sending them a transcript of the agreement that was made via e-mails) I filed suit against them. I was hoping that that would get their attention enough to finally come to bargaining table and work it out like mature adults.
They then hire an attorney. The attorney waits until the 14 initial days are almost up and request a 60 day continuation. I make contact with their attorney and fax them the transcript of the agreement, BBB reports/complaints, as well as a list of federal violation on the behalf of his client. He tells me he needs time to review the information. Nearly two months go by and I finally receive a new court date in the mail. After nearly 60 full days, their attorney calls me the Thursday before the court date and (leaving out all of the juicy details) tells me that his client will settle for the $540. I use this as an opportunity to collect information, so I mostly just listen to what he has to say (again, lots of juicy information that he probably would not have let 'slip' if he was talking with another attorney). This is where their attorney tries to intemidate me by saying that if I lose, I'll owe the $540, plus interest, plus $500+ in his attorney fees, plus travel expenses, etc. This puts me in an ackward position. I either decline and go to court (with no time to investigate the newly obtained information) or I give things more time....after all, at least negotiations have begun. So, I go to the court house and file a motion for continuation. This time, it's only for 30 days so I receive a new court date pretty quickly.
I let things cool, do some investigating and about a week ago I get an e-mail from their attorney telling me he hasn't heard from me and wants me to make contact with him so we can "put this baby to bed." I give it a couple days and I send an e-mail to him. In it, I basically call his bluff and pick out numerous fallacies and flaws in his deffense (which he basically had already revealed to me). I restated my initial terms of paying them $300 to settle the account. He replies, telling me that he is scheduled to talk with his client, but as of then, there would "be no settlement...at least not for $300." I also request the name of the ex-friend so that he can subpoena her and have her testify in court. Of course, this isn't standard practice, so I wasn't about to hand over that information even if I did know where she lived. If he wants her to testify, he can look the damn information up for himself. Not that her testifying would effect my arguement...only reinforce them...so...whatever. I reply telling him that I need to know his client intent to settle by the 15th so we can hammer out the details by 8:30am on the 19th (the date and time of court). The 15th comes and goes without an e-mail or phone call from him...so I submit my responds to their counterclaim (which I state that I don't owe them anything and that I request a ruling as to the true owner of the account since the account was transfered after the settlement agreement was made and thus throws any such transfer in to question as to it's validity) and faxed him a copy.
This afternoon, about 12:30pm, I get an e-mail from him stating that "he stands corrected" and that his client will settle for the $300. Then he tells me to contact him on his cell phone cause he's going to be out of the office getting ready for 'City Stages' (big concert event in Birmingham, AL). He said he was also going to notify the Judge's office and let them know that a trial is not necessary. I called the Clerk's office and they hadn't filed another continuance. As far as I'm concerned, he failed to respond when I requested. Even a simple e-mail for message on my phone telling me that he needs a 1 day extension would have been nice. Oh well, I guess I'll see them bright and early Monday morning. I'm sure we probably could have hammered out some type of legal jargon that would protect me from being hit up again for this same account down the road...but a court order is better.
I'd really love to post all the documents and e-mails that were sent back and forth...but again, I'm not sure if there's a law prohibiting or not. In general, the rules of Small Claims cases or very relaxed compared to those of higher cases...
