Marcadis & Associates just filed an "Affidavit of Default in Payment" against me. Here is the story behind it and hopefully someone can please help me:
I opened up a Rooms To Go credit card back in 2001 or 2002 I beleive. And the balance was somewhere around $3,000 when this was charged off on my credit report back in 2004.
In October I had been served some notice in the mail about the above "Rooms to Go" account "Formally named LVNV Funding" by a Marcadis & Associates telling me that I need to show up in court. So immediately I then called them to try to set up a payment plan. Note that I had never ever heard of these people or received any communication prior to being served this notice. We then agreed for me to pay them $200 a month until the bill is paid. At which time, they had me sign some type of stipulation (Note that this agreement that I signed was set up so that it was back-dated for payments. Meaning that once I signed it, I was already a month behind and needed to pay $400 to be current).
As of now, I had been paying them and I thought I was on pretty good terms with them. The only problem about paying these guys is that they don't have a website, and there is no way to pay them over the phone or online or anything like that. The only way you can pay them is via mail. I am an auditor and my job requires me to travel all the time and with me being out of town, it is not at all easy for me to pay via mail. So whenever I am in town, I try to go by their physical office and write them a check. Note that this can not be a reputable law firm as their office is very run-down and in a very non-descript hole in the wall office off of Westshore and Gandy.
As noted above, since it is very difficult to actually pay these clowns, I may have missed a payment or two, but I do pay, and I have been showing good faith under the circumstances.
So on July 7th, I received a handwritten letter in the mail (with a case number and the 13th judicial circuit hillsborough county information at the top) stating that Marcadis & Associates are filing an Affidavit of Default in Payment against me, and the letter says the following:
1. That on October 17, the parties entered into a Stipulation in which the defendant agreed to make periodic payments to the Plaintiff.
2. Defendant has paid a total of $1,400. The last payment of $200 was received on June 30 and applied as the April payment.
3. The total now due on principal is $2,197.86. The amount due on interest is $845.77 through July 1, and court costs in the amount of $282.
4. That the Court remove the Stay of Execution and enter a Final judgement for the amount due.
The above affidavit was filed on July 1, and mailed to me on July 7th. As noted above, I paid them $200 on June 30th, so it is really shady that they filed this notice and had it notarized one day after payment. I was physically there making the payment and no one told me anything about them filing this paper. I wouldn't be so mad if it wasnt for the fact that I am paying them and they still have to be such jerks about this.
Can someone please help me out here? What should my next step be? Or do I have any defense or anything to get rid of these guys?
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