Due to a failed business in 2005, my MBNA credit card debt was bought up by NCA. Since 2006, my nightmare has not stopped. I settled the 11k account for 6 k and have a demand letter of acceptance signed by Ms. Lisa Avalos. However, when I filed a motion to refute the additional charge, Lisa Avalos produced records detailing conversations she had with my husband who allegedly agreed to pay the remainder after the closure of a refinancing on a home.
I had the card, not my husband. I had a legal separation, so I wonder why NCA never spoke to me or revealed a record of my acceptance to pay after the demand letter was submitted. I lost the motion because of NCA's accurate records! Please! Now, after I receive a check from the Sheriff indicating the levy was satisfied, I received yet another judgment for the lawyer's fees for the motion. How do I know whether or not the costs are inflated?
I can't go back to court to file another motion; I can't afford the costs. Help! Someone must be able to help me determine whether or not the fees for my losing the motion are reasonable. After the latest levy from John J. Pugh (Naational Credit Acceptance), I filed a claim of exemption. Following the court notes from "exemptions from the enforcement of judgments" I scripted items to detail why I ought to be exempt. Mr. Pugh all but refers to my items as bogus! A car to get to work!
Gas and insurance, not a proper deduction! Please! Deductions from my paycheck for retirement that I have no control over are made to sound like I'm hiding money. Without proper notice from John J. Pugh for a hearing on the Claim of Exemption, the motion was dropped "due to defective service of notice." How can a lawyer not follow rules for service and yet be allowed to fleece thousands of dollars beyond an original demand.
While the motion was dropped, Mr. Pugh, National Credit Acceptance, was swift to garnish $1,300. from my check, leaving me financially short and unable to pay some bills. If anyone one has advise as to how I should proceed, I would welcome your advice. Because the matter was dropped, the Sheriff is "directed to return any and all monies" to me, but red tape will delay my ability to keep my payments on time. I'm not a lawyer, but I'm not stupid and know when I'm being Ripped Off. Before Mr. Pugh, NCA, levies again, which I'm certain he will, any guidance or legal support anyone might offer would be greatly appreciated! A single mom --