phoneczar

C1 has tried to sue 2 times on an alleged debt. Both times dismissed. C1 recently started sending bills to us. Debt is beyond SOL. Should we send C1 a FOAD letter? No recent collection activity has occurred. What could they be up to? Any one else experiencing this?

The first time was dismissed w/o prejudice after we hit them with a Req for Production of Documents. The second time it was dismissed w/o prejudice when Mann Bracken fell apart.

bump

Third time C1 is coming after us for a +25k credit card debt. SOL is definitely expired on this. We DV'd Northland Group who is the CA. They sent copy of signed application and 2 statements. If this goes to lawsuit how do we prove SOL or does that fall on them?

C1 and Northland are attempting to collect on a debt past SOL. DV / SOL / FOAD letter has been sent to Northland. We have been sued 2x for this and both times dismissed w/o prejudice. Can they both demand payment or is there FDCPA or Rosenthal violations happening?

I would add something regarding SOL such as: Defendant alleges that this action is time-barred under §<insert the law which states SOL> of the laws of <name of your state>. This will go in my next answer if it gets that far. From what I have seen on this board you should ALWAYS use this.

Any others? calawyer? Thanks for the reply! I would like to hear from some folks on the left coast....

We have been sued 2x in Calif for a Crap1 card. Both times the case was dismissed w/o prejudice. Does tolling still happen even though cases were dismissed thereby buying more time for the Plaintiff? Or does tolling go away and the time is still from the last payment?

I have been looking around and I thought for the life of me there was a thread regarding SOL affimative defense without admitting the debt. Can anyone comment or point me in the right direction?

Send them a Ceast and Desist CMRRR Coast Mitigation & Associates Inc (949) 724-9544 1820 E Garry Ave Ste 107 Santa Ana, CA 92705

And it gets better!!!!! http://www.prnewswire.com/news-releases/nco-terminates-its-proposal-to-acquire-axiant-78814302.html

I agree w/ Debtguru... We have been through the process 2x for the same alleged debt. when there is a dismissal w/o prejudice they will come back and refile a new suit.

Latest- After Dismissal was filed by plaintiff and atty's we received Case Management Statement from them 2 days after they dismissed the case. On the CMC statement they claimed they had served us complaint and summons when they had not! Any recourse?

Case Dismissed! Not sure why but we rec'd dismissal paperwork today and I also checked online with court. Are these guys looking for an easy default or do they not have their ducks in a row???? BTW -we were never served summons and complaint. Could that have some weight behind it?

Return of service has not been filed. We filed CMC statement and are planning on being present at hearing.