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Everything posted by driver26girl

  1. The judgement for 13000+ included interest. In my answer to the suit, I included out of SOL, JDB, etc. I was not informed when to show up for the hearing, I guess they just took it before the judge and won on default. They also motioned for my answers to be thrown out and the next thing I received was a document saying they had won the summary judgement. Should I just leave it alone and let it sit on my CR for 10 years. I am fairly new at all this and don't know what to do.
  2. A judgement was won against me by one of Unifund's lawyers in NC. I wrote the lawyer and offered to settle but did not offer any amount. The judgement was won for 13,700.00 because I was not aware of the court date and the lawyer motioned that my answers be dismissed. This is also showing up on my credit report along with an enrty that I owe Unifund 22,000.00 for the same debt they won the judgement against. My question is should I try and settle with Unifund for pennies on the dollar or is it too late and should I just make arrangements to start paying off the 13,700? Can they have both listings on my credit report? I live in NC and thought I followed the procedure as I should have. Should I try and vacate or is it even worth it? Any suggestions would be greatly appreciated.
  3. 1. Does charge-offs and selling to a debt buyer qualify as accord & satisfaction? 2. If OC is not on the CR (the JDB Unifund is) can I still state this answer to accord & satisfaction? 3. Are copies of statements and a letter sent to defendant (me) proof that the JDB owns the debt? 4. The JDB claims they have owned the debt since March 1, 2006. The copy of the letter sent to me mentioned above is dated April 3, 2006. I received a letter from a another JDB-LTD Financial Services on June 7, 2006 but I don't have the original letter just the request for validation of the debt. I have sent a letter to LTD requesting a copy. Could someone give some advice as how to answer interrogatories with this info? 5. I have recieved both plantiff's first request of admissions and plantiff's first interrogatories do I answer both or will one set of answers cover both in NC? Any help would be greatly appreciated.
  4. Thanks you guys are awesome. I just could find the exact statute. I really appreciate your help. It is out of Sol.........DOLA was 1/2003. But they have til 12/15/06 to respond to my defenses. I will keep you posted. Thanks again to all of you for your help.
  5. Can someone point me where to get the exact information of NC SoL. I have been to the statue website but found it very confusing? This is in relation to my being sued by Unifund and it being out of SoL. Last payment/activity was in 1/30/03.
  6. I don't think I have enough to go up against them either. Just thought someone else might. They just make me so mad the way that they deal with people and are able to get away with it. I just hope I have enough to win my case. I am a full-time nursing student with no job at this time. If they win a judgment against me, I don't know how I would pay it at this time. Plus all the added stress doesn't help......since I am trying to worry about nursing tests, clinicals, etc. I just want a decision but now I'm afraid the court may rule in their favor. The time is up on 12/15. Does this mean I will get a court date after this or that the judge will decide by reading both parties replys. I don't know much about the court system. I disputed with the CRAs and they verified but the date of last activity is still wrong and they still need not report the account as disputed.
  7. I live in Morganton. Unifund has a summons for judgment against me filed in Burke County District Court. I answer the summons with out of SoL among other defenses, filed with the Clerk of Court. They filed for an extension to reply to my answers. The extension runs to 12/15. I sent David Evers everything I had pertaining to my case. Should I still call him? Can they still win in NC court if its out of SoL? I informed the bar about FDCPA violations but did not mention that it was out of SoL.
  8. What do you mean by "untouchable" in NC? Is because no one is willing to go up against them? Or that they are so big one may as well not fight them?
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  10. Does anyone know if there is a case against this JDB in NC? If so, I would love to hear about.
  11. Update: I have sent my info to the State Bar, AG, FTC for them to look into my case about the debt being out of sol and how the CA has went about trying to collect on the debt. This particular CA(unifund) is the 3rd JDB. I sent a copy of my recent credit report showing they had changed the activity date and a copy of the last cancelled check that I had sent the OC which was dated in 2003. The CA filed for an extension and got it. I am waiting to hear something in my case. The extension was until 12/15/06 I really wished that I would hear something quickly. Does any one have any idea how long it takes for these agencies to look into a case and what happens when they do? Any info would be greatly appreciated.
  12. I have filed complaints with the state ag and the ftc. I forwarded info to David Evers. The 3 Big C's are investigating. What I am wondering is will they get the extension? Where do I go from here? What else can I do? Can I go ahead and file my second answers or do I wait for the court to notify me their extension has been granted?
  13. On 10/09 I received a summons for Judgment and I answered on 10/13 with such as the SoL is out, plantiff bought a known defaulted debt that had already been charged off, no money has ever been exchanged, etc. Today I get the letter that they have also sent to the clerk of court asking for an extension of time until 12/15. Does anyone have any suggestions?
  14. Received a letter today that the lawyers for Unifund have filed for an extension until 12/15 to reply to my answers to the summons. Is there anything I can do about this? What should my next step be?
  15. Thanks you guys for the advise and encouragement. I indeed intend to fight with all that I can. I will keep you posted.
  16. Date of last payment was 7/30/03. Any advise on what to do now besides contacting David Evers?
  17. The original account was opened in 1998 and last activity was in 2003. They have also changed the account number.
  18. I did file a dispute with the Big 3 CRAs but what I worry about is not having any documents from Uniscum. I don't know mush about how the court system works either........will a judge review my answers or what?
  19. I am being sued by Unifund. Just recieved the summons on Wednesday of last week but I have already filed my answers with the clerk of court. The SoL has run out. They are suing me for a citibank account that was opened in 1998. Checked my credit report and it states that the account with Unifund was opened in NOV 2005. In my answer I referred to the SoL and that time had been too long for me to have any documents to bring to my defense. Should I wait on a reply from the lawyer that is handling their case to respond? Should I file a complaint with the state attorney general?.........need advise please.....any info that might help would be appreciated. The amount they are asking for is over 16,000 and the last statement I can remember getting was for around 11,000.