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Posts posted by credit2013

  1. Where can I find out if the agreement states a choice of law provison of Delaware.


    I would in prudently preparing to fight this gather all the info for the debt as well as looking at the terms of the card agreement if the agreement states a choice of law provision of Delaware then the choice of law SOL would be 3 years and it would be possibly Sol. That is determined from 30 days from the last payment also known as date of first delinquency(DOFD). also if there is an arbitration provision it will help out.


    For a debt this size they may or may not. We have seen them dismiss claims of greater debts 25k-45k but it will be a far gone conclusion that they will sue within 6 months. So early preparation is the key.


    If they file a complaint, the day you get it send a BoP, then after 10 days +5 for mailing and I am sure some people are going to say don't file the motion to compel on shortened notice. Then demurrer the complaint for the reasons we have here on the board. That way you are going to come out swinging.


    Look up Calawyers excellent and world renown Bill of Particulars, and we have a demurrer posted on here. There are other things but getting your ducks in a row and hitting them out of the gate will go along way.

  2. I have confirmed that this was sold by the OC in 2009.


     The validation I received was an exact wording of which I have seen from many other posters on this site who are in alleged collections with this CA. Basically a form letter thanking me for my request. it goes on to state the date and time this was purchased and that the previous creditor informed them the the account was associated with my name and social security number.

  3. I have been contacted by a CA over an alleged credit card debt of $15,000.00 + this is now the third CA that has contacted me over this alleged debt. I requested validation and received a generic reply listing the date they purchased the debt, the OC's name  Etc. This will be past the SOL in just under a year. At this point should I just wait it out and ignore any contact by the CA in hopes that the SOL will pass before a suit is filed. Based on the amount I am assumiming that the CA will file suit, but was wondering if anyone out there with a similar situation has had the SOL pass and not be sued.

  4. I was actually at my computer preparing a basic DV letter to be mailed CMRRR when my phone rings. As it was the local prefix for my area code I answered the call and low and behold it was the CA that I was about to send the DV letter to. I asked for the persons name and ID number which was provided. The Rep.started to ask about an alleged debt when I stopped him and stated I was unaware of any debt and that I am requesting validation of this alleged debt. The Rep. stated that they would mail out validation within the week.


    This morning I received an email alert stating that the same CA had placed an inquiry on my credit report. This was done after the call where i requested validation.  Any idea on why the CA made the inquiry?

  5. I will try and be as detailed as possible.

    I have been contacted by a JDB regarding an alleged

    credit card debt. From my estimation this has been through at least two collection agencies before the JDB took on the account. The alleged debt is between 10- to 15K. The SOL is about a year out. My question is should I DV the JDB or just lie low in hopes of the SOL passing before they file suit.

    I would also like to work on cleaning up some issues on my credit report unrelated to the collection attempts by the JDB but wanted some advice on if this activity to clean up my credit report would in any way cause the JDB to increase the likelyhood of filing suit.