GoonerIndy

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About GoonerIndy

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    Indiana
  1. Thanks again for all the help. My understanding is that Indiana law does toll SOL for credit card accounts during BK, so I don't think the SOL continued to run during my BK like it did in Hendrix. I appreciate all the suggestions, as I'm certainly open to all angles of defending this case. As I mentioned to @BV80, I intend to meet with a consumer law attorney later this week to pursue some FDCPA violations. He also said he could research my SOL defense. There are certainly other avenues available. I just want to end this as quickly as possible, and had hoped my SOL defense would be the be
  2. I spent a good part of yesterday afternoon on the phone with attorneys. The BK attorneys had no interest in my SOL defense, and were only interested in getting me to file a new Ch 13. I'll try a few others. I did however talk with a couple of consumer attorneys, who have some experience defending against JDBs in court. None of them knew the answer to my SOL question, but one I spoke with is interested in pursuing some FDCPA stuff. I'm meeting with him Friday. I think we're going to try to get this case thrown out for improper venue (they're suing me in the wrong county), and will pursue
  3. Thanks for your response. It seems to confirm what I believe to be true. I appreciate the case law, as well. Even the plaintiff's attorney generally agreed that trustee payments do not reset SOL. But he said the actual filing does. That's where I'm stuck. Thanks again.
  4. Thank you. I have consulted two different attorneys about this, and plan to continue to do so. Unfortunately this detail falls beyond the initial consultation stage. Money is tight, so I thought I'd check here and see if anyone knew of any specific case law that applies to the actual filing of Chapter 13, and whether or not that resets the SOL. If that's beyond the scope of this forum, I understand. ETA: The NC Supreme Court decision is the closest I can find that rules on trustee payments and Chapter 13. I'd love to have Indiana or 7th Circuit precedent, but haven't been able to find a
  5. Yes, Indiana law says you reset SOL by acknowledging the debt in writing. That's definitely the case plaintiff will attempt to make. I've read elsewhere that generally filing Ch 13 doesn't restart SOL. I'm looking for case law that would back that up, since I believe the circumstance leaves room for differing interpretations. Here is what I believe to be the pertinent Indiana law: IC 34-11-9Chapter 9. Acknowledgment, New Promise, and PartialPayment IC 34-11-9-1New or continuing contractSec. 1. An acknowledgment or promise is not evidence of a newor continuing contract, for the purpose o
  6. If any of this helps... didn't fill it out initially because I'm past the first stages. 1. Who is the named plaintiff in the suit? LVNV Funding, c/o Resurgent Capital 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Weltman, Weinberg and Reis 3. How much are you being sued for? $6000 4. Who is the original creditor? (if not the Plaintiff) Citibank 5. How do you know you are being sued? (You were served, right?) Employer was sent questionnaire after def judgment. 6. How were you served? (Mail, In person, Notice on door) Served at old ad
  7. If this belongs in the BK forum, I apologize. It's a bit messy. Need some help with statute of limitations as it relates to a dismissed (not discharged) chapter 13 debt. Credit card I stopped paying in May 2004, filed chapter 13 in June 2006, was dismissed after I missed payments in September 2009, sued in October 2014. My contention is that the statute of limitations (6 years in IN) started in May 2004, was tolled during the period of June 06 - Sept 09, and thus should have expired in August 2013. Plaintiff argued that they were within SOL and cited payments, which were trustee payment
  8. I've been reading this forum for the last couple months, and very much appreciate all the great advice on here. Even though I didn't win my case, this forum has been a tremendous resource. So I was sued by Resurgent Finance/LVNV for an old Citibank NA card. By way of background, the last time I used the card was in May 2004, and the last time I paid on it was around the same time. I had a balance of around $4500, and Citibank themselves sued me in June 2006 and received a default judgment against me. I filed Chapter 13 the day after my garnishment hearing. Lost my job in July 2009, and