If it's less than 10 years, I wouldn't waste my time- if they have filed for garnish in the past, and they have filed now for discovery of assets, no court in the country would recognize it as being out of statute- they would view it as you trying to run the clock lol. They might settle for less, but only if it was a lump sum payment. Good luck.
Basically they have a judgement that wasn't satisfied, so they are forcing you into court to find out what you have they can take to satisfy the judgement. They already have it. If you have lived in another state, you can look into how long a creditor has to collect on a judgement, but usually they get 10-20 years in most states. Your best option would be to make out a settlement agreement with them. They have the judgement- so they may not be open to negotiations, but you might be able to work out a payment arrangement that fits you better than if they just garnish your wages, or get a lein on property, etc. It grows when you don't pay because they get interest on the amount-- x that by 5 years and it can really add up.
Nevermind, I didn't read the entire thread, lol
Repair places don't make payments monthly until they get a lump sum saved up and then have negotiating power. To bad they didn't try for a payoff for the 3k. Discover would argue the last payment would be 12/2015. Your friend would need to find case law from Iowa that supports a partial payment doesn't count to restart the SOL. Is he being sued? If not he should work on getting his ducks in a row, researching for that case law, be ready when they do sue while trying to run out the clock.
Only if you want to settle for way more than you probably will. He will know you were not serious, and will act like he has you over a barrel.
Hello Shellieh98, If you would be kind enough to help me defend against Wahr Financial Group, LLC. They are represented by Kenosian & Miele, LLP. I am in San Diego, Ca and I have spent many hours researching on this website. It is obvious that you have been very successful. Here is some info on this lawsuit for an old CASH CALL debt.
1. Who is the named plaintiff in the suit?
Wahr Financial Group, LLC
2. What is the name of the law firm handling the suit?
Kenosian and Miele, LLP
3. How much are you being sued for?
4. Who is the original creditor?
5. How do you know you are being sued?
Summons delivered at door to my spouse Feb 16, 2019
6. How were you served?
I received it by mail 5 days later Feb 21, 2019
7. Was the service legal as required by your state?
8. What was your correspondence (if any) with the people suing you before you think you were being sued?
I made a phone call to them in November of 2017. I did not understand what they were offering. They said they would agree to settle with me and withdraw lawsuit if I paid in full and agreed to a judgement. I initially said yes because i was scared but after thinking through it I refused to speak to them.
9. What state and county do you live in?
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
Per the complaint, November 6th, 2015
11. What is the SOL on the debt?
12. What is the status of your case?
Suit served, I have not filed my response.
13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)
YES but currently not on any of credit reports. Only items showing are Collection from CASHCALL
14. Did you request debt validation before the suit was filed?
15. How long do you have to respond to the suit?
I have until March 27th, 2019. 30 days + 10 days received it by mail.
16. Thee "charges" are.
Cause of Action
1. Breach of Contract
2. Open Book
3. Money Lent
17. Did you receive an interrogatory (questionnaire) regarding the lawsuit?
18. What evidence did they send with the summons?
EXHIBIT A: A copy of original contract with CASHCALL.
Note of Verification from the Attorney (Miele) of Unifund that all statements in the compliant are true and correct.
Well I have been gone for some time, so I am super rusty. Do you have the contract that was entered into? Does it have a provision for arbitration? There are a few cali threads that are pinned, one is by ASTMedic. I would read it, over and over until you understand it, that will help tremendsely. There are alot of california peeps on this board who would be able to help you better with cali case law, I live in colorado.
Should be good to go. Of coarse they will probably sell it to a new guy who will think they can get a buck so they will send you a dunning letter. As long as they don't sue you, they can ask. You just tell them to never contact you about this debt again as it is out of SOL. Then you can work on an FDCPA case if they do. Congrats!
It doesn't matter if they have a valid one or not if you don't defend yourself. They will win. Late filings you do run a risk of losing by default. Although in my experience lawyers can be late, and we can't lol. My Advice since you are already 6 or more months in to this is to read the thread pinned at the top of this forum by ASTMedic on How I beat Midland in Califronia. Then do a search and find a couple of other threads, 1 by "HomelessinCA" and I think "SadinCA" won his case, plus he is still active and can help. Then come back and we can formulate a strategy.
That means you don't have to leave it at the phony address. You weren't supposed to before, but judges gave leniency to the JDB if you didn't. Now there is a Supreme court backing for not doing that. Good for CA.
Being sued by Portfolio debt collector in Colorado. Representing myself. Early on, Nov. 2018 I sent cert. mail to Plaintiffs attorney and a copy to the court, for a request of production (validity of debt- ie original contract etc. Received no response from Plaintiff. We went to mandated mediation by Court, Plaintiff had no evidence, I admitted to nothing. Plaintiff filed with court, Trial is set for April 2019 with a pre-trial first week of April. Plaintiff has filed a motion for telephonic testimony of witness. I don't agree to motion as it does not allow me to assess who this witness is. In Colorado, can I file an objection?
If it gets denied, and they schedule a court date, I wold file a motion to compel arb. Use the newer agreement if it has arb in it. When they balk, you can say, well then you provide the agreement that governs the account. (It will have arb too).
So a few years ago I got into some financial trouble. I found this site, and it helped me immensely. I won 3 court cases, I sued Gold's Gym for collection violations, and I have been cleaning up my credit. I was at an all time low of 430. I protested every negative on all 3 credit reports. some things were removed, some were not. Some I had to wait until they dropped off after 7 years. But, last week I decided to refinance my house. I thought my score was pretty good now, so thought I'd get a decent % rate. eh, todays market, it was 4.2, but still better than the 5.6 I've been stuck with for 10 years. My credit score came back at 840! Pretty much cart blanch if your trying to get credit. I do have a couple of credit cards, with like 15k limits, but I won't go down that road again. If I have a major purchase I won't use it unless I have a plan to pay it off in a month or 2. I carry a low balance on my main card so it reflects well with payments, etc without getting socked for huge interest. Just wanted to revisit, and let others know this site is a wealth of info if your willing to invest the time. Thanks to all those that contribute! Oh my new house payment is 350.00 less per month, and will be paid off 2 years earlier. So even though I didn't get the low rates of a few years ago, it was still worth it.
LVNV do not like to fight in court. They will, but don't like it. the focus for court is to make them provide the assignment agreement, proof the cap 1card was in that assignment, and proof of "persons with knowledge" can show the amount is correct. In reality they would need a person from cap 1 to testify, and not their jdb person. They will use their guy, but it is up to you to show they have no knowledge of cap 1's record keeping practices unless the witness has worked for cap 1. Unless your in AZ., they have rules of civil procedure that allow the jdb testimony. Read your court rules, search this site for people that have won against LVNV, and ones from Ohio.
Did you look here? https://www.consumerfinance.gov/credit-cards/agreements/issuer/synchrony-bank/ Oh and I would file a motion to dismiss, or in the alternative suspend due to Lack of subject matter jurisdiction. Lack of personal jurisdiction. Improper venue. Then in body of motion, you can state what the contract says about arb. There are many samples posted around.