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Everything posted by sharbear1978

  1. Yes, they are using Apple and Apple PC. I have contacted an attorney in the Pittsburgh area as well, his firm name is Morrow & Kross PC. I found him on the website. While he is 3 hours away from me, he is also the only one that I contacted that seemed to know what he's doing. He also didn't ask for a ridiculous retainer. He has told me that he has spoken with an attorney at Apple and Apple PC and that they have agreed to call it a draw (I drop my counter suit if they drop their suit against me). That works for me...although I haven't actually seen it yet, so that makes me a little nervous. Maybe this attorney could help you as well. The attorneys in my local area were no help, they were just trying to get me to claim bankruptcy or just didn't return my phone call. One of them told me the SOL on CC in PA is 6 is 4 (was 6) and that one was supposedly the one to turn to for these types of cases. He also wanted me to claim bankruptcy.
  2. Commonwealth is doing the exact same thing to me right now. They have changed the date of last payment, just as they have done to you. My last payment was Jan 2003 and they are stating it is Aug 2003. They also have offered the same exact "exhibits" that they have offered in your case. Which part of PA are you located? I am in Northwestern PA and I have talked to an attorney in Pittsburgh about my case. They took me to small claims court and I won by default judgment, they didn't show. I put in a counterclaim and was awarded $3,000.00, they are now appealing it and that's where we're at right now.
  3. This is what I originally thought (4 years). But, when this local attorney told me it was 6 years...I thought twice about it. I guess I don't want him to represent me!!!
  4. I have been fighting this CA for a couple months now. They entered a claim against me in small claims court, I counterclaimed and won by default judgment (they didn't show). Now they are appealing it and I am looking into getting an attorney. I have a question about Pennsylvania's Statute of Limitations. I am hearing two different lengths. Most information I am getting is that the SOL for CC is 4 years in PA. I contacted a local attorney about representing me and he informed me that written agreements are 6 years in PA. I thought that it WAS 6 years and is NOW 4 years. Anyone have any information on this??
  5. I'm in PA...going to small claims court on October 1st. Since the CA originally filed, I have submitted my intent to defend (based on expired SOL) and counterclaim. Originally the CA was asking for approx. $3,200.00 plus costs (claim was filed 7/30/07). Now they have retained an attorney closer to my local area to represent them at the hearing. In the letter I received from that attorney he states that the amount is now $5,800.00. I have been told that the difference is interest - when I questioned that he said it was also attorney fees. Can a CA (JDB) seek attorney fees in small claims court?
  6. I have a hearing coming up on Oct. 1st. The CA is reporting a different date of default (last payment) than the original creditor. The date of last payment is actually January 2003. The CA is reporting on the complaint that it is 8/31/3003. Question is what do I need to prove the date of last payment? I have my credit reports showing the OC default date of 1/2003. Is that sufficient? And what could they possibly have to show the date they are reporting? Is it possible that they are making some kind of fake document? I'm in PA, so the SOL (4 years) expired on this debt 1/2007.
  7. I don't understand why it's from a different CA office and why the amount is almost doubled within 1 1/2 months. Also in the demand letter it says nothing about the pending legal action. I went ahead and DV'd them, just so I know I'm covered. I was thinking that maybe the CA that is taking me to court was hoping for a default judgment, but when I submitted my intent to defend and also my counterclaim...they hired this attorney to come to the hearing. If that was the case though, would I have even received this demand letter?
  8. Sorry, one more quick little thing. It does state at the beginning of the letter that the law firm has been retained by Commonwealth Financial Systems, Inc./Bank One, Delaware to collect their claim against you. We believe you want to pay your just debts. Then goes on to say: Unless you dispute the validity of the debt, or any portion, thereof, within thirty (30) days....etc. Then the rest of the letter as explained in my previous post. Thank you.
  9. I am currently being sued by a collection agency in small claims court, this was filed by the debt collector on July 30th. I have entered my intent to defend and also have counter sued for debt collection violations. The hearing is scheduled for October 1st. This suit is for $3,233.46 plus Costs. Today I received a letter from an attorney with the whole thing about the disputing the validity of the debt...etc. Then it says that if they do not receive the dispute of the validity or my payment soon after 30 days of the receipt of the letter, they will review their client's options to collect this debt...they are debt collectors and any information obtained will be used for that purpose, etc., etc. This letter is in reference to the same account that the hearing is currently scheduled for. They are saying on this letter the full balance due is $5,852.62. Should I ask for validation? Does anyone know what they are trying to pull? Why the two different amounts? This is the history of this account: I received a Civil Action Hearing Notice from the District Court today. I'm thinking the SOL has expired, I am in need of some help from you folks. 1. Who is suing you? Commonwealth Financial Systems, Inc. 2. For how much? $3,233.46 plus Costs 3. Who is the original creditor? First USA Bank (bought out by Chase). Shows as Chase on my CR. 4. How do you know you are being sued? I received a complaint (certified letter) from the District Court saying when and where the hearing will be. 5. How were you served? Certified Letter 6. What was your correspondence (if any) with the people suing you before you think you were being sued? They have called on numerous occasions and left me messages. I called them once and asked for validation of this debt and they were VERY rude...would not give me any proof unless I made a payment. They have also sent numerous letters asking for payment. Finally, I received a letter stating that if I did not pay within 10 days - they were commencing legal action. 7. Where do you live? Pennsylvania 8. When is the last time you paid on this account? The last time this account has been paid on was in January of 2003, according to my CR. February was 30 days, March 60 on and so forth. 9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or looking it up online (many states have this information posted daily). Hearing is scheduled with District Court on 10/01/07. (I asked for a continuance because the original was two weeks prior to my due date, by the way) 10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes, that the account has been re-aged by the Collection Agency. 11. Did you request debt validation before the suit was filed? If not, don't bother doing this now. Not in writing, but over the phone, yes. Nothing was sent because they wanted a payment first. 12. Does your summons require a response? (Look hard!) If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? I did not receive a questionnaire, just the hearing notice. It says that if I intend to defend to notify the District Court office immediately at the above phone number. Complaint states: The amount of $3,233.46 (File No. 1585902) are due and owed for a revolving Credit Card issued by First USA Bank where the balance is in default as of 8/31/2003. Commonwealth Financial Systems, Inc. purchased these accounts on 9/18/2004 and is entitled to all rights, assignments, and judgments. The Plaintiff respectfully requests that this court grant judgment in favor of Plaintiff and against Defendant in the amount of $3,233.46 plus court costs. 13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? They did not send anything with the letter. 14. What is the SOL on the debt? To find out: 4 years, my last payment was January 2003.
  10. This makes me raise another question. Looking at my credit report there are a lot of defaulted accounts (OC and CA) defaulted in 2003 (divorce year) that still say they are an open account, some say revolving account. So, what should these actually say?
  11. This debt was definitely defaulted when the JDB purchased the account (which was 9/2004, by my CR), so I don't see how this account fits the bill.
  12. SOL in Pennsylvania on a written contract is 4 years. I see this JDB actually owns two accounts on my credit report. Both are Visa they are reporting as LOAN TYPE: Collection Agency Attorney and the other (which is the one they are taking me into court for) is listed as LOAN TYPE: Factoring Company Account. I just thought that maybe it being listed as that, they would have some kind of advantage.
  13. I have a CA posting an old credit card account as a factoring company account. What does this mean? I'm in PA and they are taking me to court...the 4 year SOL should have expired, last payment was in January of 2003. What are they trying to pull with the factoring account?
  14. Going to court next Thursday against a JDB who changed the date of default on the complaint to 8/31/03. The real date of default was 2/03...I have all the proof on my credit reports and I also have an old statement from 3/03 that shows no payment was made. So, since I am in Pennsylvania the SOL is 4 years. I'm thinking I have them on (1) taking court action when it is not legal to do so and (2) using deceptive means to collect a debt. I'm nervous to do this on my own, but an attorney told me that I can do this on my own. I am not sure of the correct wording to use on my claim, (correct FDCPA laws, etc.) Also, I'm not sure what a fair amount for my counterclaim would be. I need an amount, if anyone has any advice. As far as I can see I could sue for $1,000.00 for each violation (which I see two). Thanks in advance.
  15. Going to court next Thursday against a JDB who changed the date of default on the complaint to 8/31/03. The real date of default was 2/03...I have all the proof on my credit reports and I also have an old statement from 3/03 that shows no payment was made. So, since I am in Pennsylvania the SOL is 4 years. I'm thinking I have them on (1) taking court action when it is not legal to do so and (2) using deceptive means to collect a debt. I don't know if I can do this on my own as I am not sure of the correct wording to use on my claim, (correct FDCPA laws, etc.) Does anyone have any advice on this? Thanks in advance.
  16. Ok, I was just told by someone who works in a law library that she thought the SOL time restarted every time the debt is transferred to a different collection agency...that can't be right, is it?
  17. I made the mistake and never asked for debt validation. Do you think my credit reports are enough evidence to show that the debt was last paid on in January of 2003? And what is your opinion on how I should go about this? Should I ask for proof that this is my debt and then bring up the SOL expiration...or should I just go for the SOL defense from the beginning? Thank you for the web address...if I can't get anything else...this is at least better than nothing, right?
  18. I did not admit the collection account was mine...but, Commonwealth Financial Systems states on the complaint that the date of default was 8/31/03. The last payment actually made on this account was in January of 2003. Which would put this account past the SOL which is 4 years, from what I see, in PA. I do have my credit reports to show when the debt was last paid on. But, I was just trying to get a statement from the original creditor to help me out. Also, on the complaint it states they purchased this account from First USA Bank...which was the original creditors former name. First USA Bank was acquired by Chase (Chase now shows on my credit report, no First USA Bank). I was also hoping to get some kind of proof that First USA was acquired by Chase. Does anyone know where I can get this?
  19. I am going to court next week. I called Chase (formerly First USA Bank), who is the original creditor, for information on the account I am being sued for. They told me that they do not have the information on this account anymore and redirected me to call "UniFund", which was the collection agency the account was originally transferred to. Unifund then told me they do not own this account anymore and directed me to call Commonwealth Financial Services, Inc. Commonwealth is the company taking me to court. Does anyone know if the original creditor would have info and do they have to by law provide me with this?
  20. That is what I seemed out of the ordinary to me. Thanks for the reply!