
LisaDiane
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North Carolina
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PRA Suing in wrong county - NC Updated 8/2014
LisaDiane replied to justprettynpink's topic in Is There a Lawyer in the House
YAY!!!!! Good for you!! ...now if my SOL has now passed that means they can't file anything more right? I am not sure how they count the SOL when you've been summoned and then they dismiss.....I know that the SOL gets suspended when they sue, so if they dismiss, when does the clock start back up? Or does all that time get counted now that they dismissed? -
AHHH!!!! YES! I did mean 2014!! Do they have an "airhead" smiley??? Thanks for pointing that out, and you are right about not trusting any of these DCs -- I should NEVER even consider paying unless they had proof, like you said!
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Can Someone Clear This Up For ME? -- NC Law on SOL
LisaDiane replied to LisaDiane's topic in Is There a Lawyer in the House
Oh, ok. Sorry.... -
Can Someone Clear This Up For ME? -- NC Law on SOL
LisaDiane replied to LisaDiane's topic in Is There a Lawyer in the House
@RyanEX Thanks! The difference is 6 months, so not TOO bad. -
Can Someone Clear This Up For ME? -- NC Law on SOL
LisaDiane replied to LisaDiane's topic in Is There a Lawyer in the House
Well, I didn't really notice that last part as SEPARATE from the sentence before it -- the new promise to repay must be in writing -- but now that you pointed it out, I think I was wrong.... I'm going to call a lawyer to make sure, but I'm feeling like a MORON right now -
Can Someone Clear This Up For ME? -- NC Law on SOL
LisaDiane replied to LisaDiane's topic in Is There a Lawyer in the House
Ok, I found this online.....how does this affect me? 20. GOVERNING LAW. This Agreement and your Account and any claim, dispute or controversy arising from or relating to this Agreement or your Account, whether based on contract, tort, fraud and other intentional torts, statute, common law and/or equity, are governed by and construed in accordance with the laws of the State of Georgia (without regard to internal principles of conflicts of law), and applicable federal law. The legality, enforce ability and interpretation of this agreement and the amounts contracted for, charged and r -
Can Someone Clear This Up For ME? -- NC Law on SOL
LisaDiane replied to LisaDiane's topic in Is There a Lawyer in the House
@Spikey I don't HAVE that.....would I be able to find it online? You are talking about the OC's agreement, right? So you don't think NC law would trump the CC agreement? -
OK! Thanks @Clydesmom!!
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I was looking through a site on NC collection laws and I found this..... When the statute of limitations clock starts depends on the circumstances and the particular statute. In North Carolina, the clock starts when the contract is breached. In other words, a contract to repay the balance owed on a credit card is breached when the defendant fails to make a payment when due. The clock may be paused (called "tolled") under some circumstances, or renewed. In North Carolina, a new promise to repay an existing debt will toll the statute of limitations period, but this promise must be in writing.
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@shellieh98 Thanks for replying to me!! The SOL isn't up until December. And the only reason I would consider paying them would be to get the TL of the OC OFF my CR. Do you think I have any leverage for that? Or that I should DV them? Or just ignore them until the SOL is up (11 more months)?
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Does anyone have any answers for me about this? I'm not sure if there's a benefit to paying anything, because the JDB isn't even reported on my CRs. And would they even have leverage to have the OC line removed if I paid them??
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CACH vs LR Knight - I lost :(
LisaDiane replied to LR_Knight's topic in Is There a Lawyer in the House
Thanks @Spikey I think that SUCKS!! (pardon my language) -
CACH vs LR Knight - I lost :(
LisaDiane replied to LR_Knight's topic in Is There a Lawyer in the House
Am I reading it right that this case has been going on for over a YEAR??? Is that how long these lawsuits take to resolve? It seems like that should be against the FDCPA, as well.....! -
This made me laugh! But I also want to say that to ME, this all feels as dangerous as if they were made out of exploding paper and ink.....!