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kepok

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  1. Thanks, I did send it certified, RRR, but I wasn't sure if I had to file that I had sent it to them.
  2. When I answer the court on a summons/lawsuit that was filed. I have to send a copy to the lawyer's office that is representing the plaintiff. Do I have to do anything like file anything with the court showing I provided this??
  3. Thanks for your help. The lawsuit was filed at the end of october, so the december date that the above poster mentioned has no bearing on that fact. I've heard about the discovery process before and believe that will have to be our next step. I guess I'm wanting to know about whether or not I should send the letter telling them they are in violation of the FDCPA, and telling them since they did not properly validate the debt that by attempting to collect on the debt is a violation and therefore they have 30 days to dismiss the lawsuit. Any thoughts?? Thanks!
  4. Thanks for the link that has a lot of good information. The problem is that the lawfirm is disputing the last date a payment was made before the account was charged off. The credit reports show a date of 7/98, and the lawfirm is showing a payment was made in 11/98. The SOL for written contracts in Oklahoma is 5 years.
  5. I wrote back in November about my DH being sued. Over the last year or so, we've tried to clean up his credit report, and we've settled a lot of accounts, even ones that are past the SOL. There was one account that my DH had never heard of or knew what it was, we never recieved any letters or statements or anything regarding this account. After disputing it several times with the bureaus, we decided to just let it be since it was already past the SOL. Then my DH was served on this account. I spoke to one lawyer about it and they said that I probably should just call the lawfirm and tell them that it was past the SOL. So I did, the woman I spoke with was actually very nice and stated that she didn't have all the information, but that if it was past the SOL, the case would be dismissed, and she said she'd look the information up. So a week or so later she calls back and says she does infact show that the SOL is up and the case should be dismissed, but that she couldn't do anything yet, because she had to speak with her client (NCO), and that we should file an answer anyways to avoid a default judgement. Meanwhile all this time, I've told her that my DH doens't think this account was his, and all we have regarding this account is what is on his credit report. A week or so later she calls back and states that she spoke with her client and they found a payment, that would make the SOL not up. I told her I didn't care what she had, we show the SOL to be up and that we'd be filing the answer. I filed the answer that stated that my DH has no knowledge of having this account and that the account is past the SOL. We've ordered his old bank statements to check to see if there ever was a payment made, but it'll take a while to receive those. Then, last week the lawyer called again and asked if we wanted to make a payment plan, my DH told her no, the account isn't his and we've filed an answer. She said that if we didn't pay, they'd get a default judgement. It was my understanding that they could only get a default judgement if we'd never filed an answer. I've also sent a debt validation letter, requesting the original name, address of the creditor as well as proof that the account is my DH's. In return they sent the original name of the creditor, and what they call an affidavit of indebtidness. They never sent the address, and it was my understanding that this little affidavit that is just signed by NCO is actually proof.. I want something with a signature on it. I'm now at a point where I don't know what to do. Do I send them a letter saying that they've failed to provide debt validation and by continuing on with the lawsuit they are in violation of the FDCPA?? I'm really confused at this point.. please help!! Thanks so much in advance.. everyone has already been so helpful
  6. Thanks for you help 1. The plaintiff is NCO Portfolio management assignee, Household Card Services. The lawfirm that is representing NCO is a local collections lawfirm that acts as a collection agency themselves. 2. I've heard of Household Card Services 3. My husband has no memory of ever having an account with this company. My husband went through a divorce and in his agreement, he took over the debt, but got to keep the house... the problem is, he was very naive about it all and didn't realize what debt was really there. ie.. Credit cards he thought had a $0 balance ended up not. Since we've been married, we've worked on cleaning up his credit and have paid everything off even things that were past the SOL.. except for this one because we couldn't find anything out about it. I'm guessing it's been there for awhile, but my husband doesn't ever remember having this account. 4. We never got any notification from a collection agency regarding this account, no phone calls or anything before this.
  7. In the answer I said that : ANSWER: 1. This debt has been disputed. 2. I lack knowlege of the ability for this company to operate in the state of oklahoma. 3. I have no knowlege of entering in an agreement with the plaintiff. AFFIRMATIVE DEFENSES: Plaintiffs claim is barred by the statute of limitations how is that?
  8. Hello All, You all have been so helpful in the last couple of weeks.. Recap: My husband was served with a summons on October 28th for an account that we've never received anything on (no collection letters, phone calls ect..) If we had, we would have sent debt validation letters. They only thing we have to go on is his credit report for this account. We've disputed it and it just comes back verified. He doesn't ever remember the account and the summons wasn't even his exact name. Also, this account on his credit report has a DOLA as 7/98. So being in Oklahoma the 5 year SOL has passed. After speaking with one lawyer, they said that I should probably just call the local lawfirm/collection agency and tell them that the SOL has passed. So I did.. I called and spoke to a woman who said that if the SOL was in fact up, the case would be dismissed, but that she needed to go through all the paperwork to find out when the SOL was up and that she would call back. Well... a couple days later I called her back and she said she had to order the information so she still didn't know. Then a few days later she called me and said that she had the paperwork and that she showed that yes, the SOL was indeed up and the case would be dismissed. So I told her okay, I wanted paperwork stating so. She then told me she couldn't take any action because she still had yet to speak with her client about it. So I said okay, I'll be filing an answer anyways. So yesterday she calls me again and says she spoke to her client and they said they show a record of a payment on 11/27/98, so therefore the SOL has not passed. My husbands credit reports say 7/98. So I went ahead and filed an answer with the court yesterday stating that the the debt was disputed and that the plaintiff's claims are barred by the statute of limitations. So now what??? will the court notify us of things going on with this?? My husband doesn't even think the account is his let alone making a payment on it in 11/98. I have no idea of where to go from here.. Please help. Thank you!
  9. CALawyer, Thank you so much. We have an answer prepared based on the information provided in another link. However I believe I will wait to file until we do as you specified. I do have another question though. I have proof from my credit reports that the SOL has passed. Would it be worth the effort to provide proof to anyone here? Or should I continue on as you say?
  10. Thank you so much for all your help. I'm in Oklahoma which after doing some research has found to be a little confusing for SOL. I was wanting to look up the exact statues for the time constraints and upon doing this I found out that the statues in oklahoma don't specify for "open-ended" accounts, it states that "contracts express" are 3 years and written are 5 years. However every place you look online it'll say open-ended accounts are 3 years. When asking around, I found someone that said that some judges in Oklahoma will rule credit cards as contracts express and some will rule them as written contracts, however, for us, it's been over 5 years since the DOLA, so we should be okay no matter what. Okay, after all that I have a question. We plan to file an answer with the court stating that we deny, blah, blah, blah. The actual lawsuit is through a local lawfirm that is a collection angency. The Plaintiff is listed as NCO Portfolio Management, Assignee, of Household Card Services. My husband has had the Household listing on his credit report for some time, and has always believed it was a mistake. We never knew NCO had been assigned the account or we would have sent them a debt validation letter. My question is, along with the answer to the court, is it in our best answer to send a debt validation letter to NCO and the local collection agency now as well?? Thanks so much again for the help
  11. Thanks for the info. I would love to ask them to dismiss while they find out if they have a case. I am in Oklahoma, and I really don't know what my next step should be.
  12. I dealt with them a while back. Can't say I had many problems with them. It was a valid debt that I did owe. They did try intimidation tactics, but DON'T back down. They were actually gracious in accepting a "deal" (about 1/3 of the original debt). The are persistant as everything and can be a reall turd when they want to be.
  13. My husband received a summons from a law firm representing a CA, there is no question the claim is past the SOL, so we spoke to an attorney and we were advised to call the plaintiff's attorney. We called them and asked them in a nice way to investigate the SOL, she said they would and if it were past the SOL they would dismiss. However, they called back and told us the information wasn't in the file so she was going to have to order it from the orginal creditor. Still most likely they will dismiss, however I must file an answer at the court house, but I need advice, should I get my own attorney to answer or can I do this myself? I'm not in a great position to be able to afford an attorney. Am I putting myself at risk if I handle this myself?
  14. Thank you for your quick response. I know the SOL is passed, but the problem is my husband and I do not feel comfortable with legal proceedings and do not know how to file paperwork that states that the SOL has passed. Any advise??
  15. My husband was just served a summons. He is being sued by NCO through a local attorney here. He was sued once by the same law firm from a different creditor about 2 years ago and the case was dismissed cause the ended up not even being able to validate the debt not to mention the SOL was up. I need some help on what to do first and who to contact and how to locate an attorney who is well trained in issues such as these. I live in oklahoma, and the account he's being sued on as best I can tell, the DOLA was 7/98 so the SOL has passed. I have no idea where to go from here.. please help
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