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  1. A brief background: My credit report and DMV record were in complete shambles for years due (in part) to my undiagnosed ADHD. I was diagnosed in 2011 and since then have not made as many poor decisions as I used to, I finally took care of all the Failure To Appear holds on my license and had it reinstated just last month. Now it's time to tackle my CR with the ultimate goal of preparing to buy a house. Luckily, many of my oldest and biggest debts have fallen off, but I have 8 collections still listed with various ages (6 of them are now past the 4 year California SOL). I'm going to try and
  2. Ok so I had this debt validated last year and am trying to figure out how to remove it from my report. I have seen other people on other forums handle them by sending ITS and claiming that just about everything they reported to the CRAs is in violation. Below is a screen shot of the TL. They claimed it worked to point out that the way it was reported was a violation of section 807 & 808 i.e. listing the terms as 1 month so that Experian keeps adding KD every month until it drops off is a violation I have no contract with MCM to pay this on a 1 month term and by them reporting it this
  3. I really hope someone here can help me. On May 2, 2014 I was served a summons at my house. I am being sued by Hunt & Henriques, Attorneys at Law on behalf of Portfolio Recovery Associates for an old US Bank credit card debt. The amount they are suing for is $5500. The suit was filed on February 7, 2014. This debt is from back in 2009/early 2010- which I believe puts it outside the SOL for California. I don't remember making payments on it since then. I have NO way to prove that though, as I haven't banked with US Bank since 2010. This is the first time I have heard of this debt s
  4. Today I just realized something. As I wait for the green cards to return for my JAMS Demand for CACH and their attorneys, for the shady dealings associated with their judgment victory over me, I have a victory of my own: I now have NO DEBTS that can be successfully sued, if I fight back, even a little. The two remaining ones, another CACH and a Chase, are both out of DE SOL now, and MN's borrowing statute is pretty strong. YAY! I can tell any collectors to FOAD. Some sweetness is good, yes?
  5. Hi, there. I have several alleged credit card debt accounts that are due to hit California's SOL of 4 years at the end of 2014 (some may already have hit SOL if Choice of Law were to be invoked, since the several of the OCs were incorporated in DE). For various reasons, I'm considering moving to NY this summer and am concerned that I may then get stuck with their longer SOL period (6 years). Does anyone know if NY is a Choice of Law state, favoring the consumer like California? I'd hate to "hit the reset button" on these alleged accounts. Thanks for any insights you may have!
  6. Recently I discovered that midland funding bought an OLD debt that the SOL ran out. In PA it is 4 years. Midland HAS NOT contacted me HOWEVER they: 1. Re-aged the date of charge off from Sept 08 I was smart and kept a copy of my credit report from 2011 (HBC charge off date) to a new date that they called date opened 3-22-2010. essentially they just put this on my credit report until 3-2017 when it should go off in sept 2015. 2. the original amount was for 11 grand but they inflated it to 25 grand. 3. The Statue of limitations in PA is 4 years, therefore it expired and cannot be colle
  7. I'm new here. I was served by PRA on 4/19, case was filed on 3/27/14 in Florida. Two counts listed: Account Stated & Unjust Enrichment. They submitted page 1 of a credit card statement from Sept 9, 2010 to Oct. 10, 2010 with a min payment due of $1,953. I don't have any paperwork. I pulled my CR and the last payment was on 2/24/2010 on both PRA account information and OC. I am going to file my answers and affirm the SOL defense plus others. My question is, when would I file a motion to dismiss based on the SOL?
  8. I have a few debts that have recently passed SOL. got a 'statement' the other day from a JDB that contained the boilerplate 'we cannot sue you on a time-barred debt'. got another one today dated past SOL that contained no such verbage. is that a violation worth going after them for? would a consumer protection attorney pick that up?
  9. I was served a complaint from Midland (utah) They listed my maiden name instead of my legal name ( not that it means anything but their lack of detail) I had no prior contact with them prior to summons. verified with court on day 13 that they did file, and have been trying to figure out a response since. they state 1) defendant resides in county 2) defendant entered into a contract with capital one account ending in ####, which contract was subsequently assigned to plantiff 3) defendent has defaulted on obligation under contract 4) the amount charge off on the account was $1,xxx.xx T
  10. the letter is from a new collection agent for a debt held by Discover as OC. It has the much sought-after verbage that 'this debt is out of SOL and legal action cannot be taken'. Since its a new collection agent i will be sending them a combination DV/ cease and desist. I guess i would not call it a DV since im telling them to not contact me, more of a denial of the debt in combination with the C&D any choice verbage i should include in my letter?
  11. Hello all that will help, Profile Recovery Associates currently owns a debt that belongs to me. The last active date of this debt is 8/12/2009. Debt total is $1,296.51 Alabama SOL is 3 years for a CC debt. They claim they purchased the debt in 2011 but it didn't appear a$$ collections on my report until 3 days ago. I don't want to make payments because then it becomes active and hurts my credit even more. i want to get it deleted but my research says this company doesn't doe PFD. Should i just give it 3 more years and it just falls of? What are my options?
  12. re: its kind of vague in describing under what circumstances they can request full payment and call it under 'acceleration clause' for SOL putposes im looking at a B of A cardmember agreement and it says 'you wiull be in default if fail to make the minimum payment by required due date... next section says "if you are in default,then in addition to our other remedies under thsi agreement, we can require immediate payment of your total outstanding balance......." so since every CA demands immediate payment in full o
  13. our favorite dirtbags from San Diego. should i DV them and alert them to the fact that i will be fighting or just let it slide and get lost in the shuffle so SOL expires? Does DVing actually slow them down and prevent them from filing a lawsuit right away? Are they legally required in CA to provide an Intent to Sue letter?
  14. Maybe a very dumb question, but . . If I want to file an FDCPA complaint based on an element of the Plaintiff's complaint/lawsuit, does the SOL of one year run from the date the suit was originally filed with the court or when I was served? The difference is between the beginning of February and the beginning of April. So, I would like to think it has to be from the date of service, right? Since I was unaware of the complaint before then. Thanks.
  15. I sent a DV to a CA for a payday loan that was defaulted on in 2008. I am in California.The CA sent back a DV with a copy of a contract from OC with my signature on it. My heart fell when i saw it. My questions are: 1. This loan was defaulted in 2008. SOL for writen contract in California is 4 years. So the SOL expired in 2012. Correct? 2. Their letter said they "would be happy to discuss a deferred payment arrangement that would fit into" my budget. (Of course they would) Do I really want to setlle/pay this when it's past SOL? It will be coming off my credit report in 2015. 3. Either way, W
  16. Hello, First of all thank you to everyone that has contributed so much to this forum, the more I read the more valuable all this information becomes. I am very new to this and have been served and preparing my answer. Ihave a couple questions, really hope someone can help. My first question pertains to the SOL. My suit from a JDB with original debt from BofA was filed in my state of residence, MN. The debt however originated from when I lived in CA. Being that the SOL is different for the two states and would make a huge difference in my case which state's law is the court going to use?
  17. First thanks for reading this! Back Story: I recently, the last couple of years have been attempting to clean up my credit report, paid of most as I don't have all that many trade lines on my account. I more recently came across a article post which you can view here, that basically states that because every state has different SOL's which a collection agency can go after debt for, if that time has expired the CRA's are supposed to remove these items off of your report. Question: Is this information true? How would I go about removing the collections off my report?
  18. Hey all! I'd like to hear your thoughts on tolling the sol in a fraud case. I want to make sure I am thinking outside of my own POV. Unifund committed various forms and acts of fraud in their case against me and the court. They finally withdrew their case and the fraud was abated. If I am correct the sol starts at the time of abatement, right? Thanks in advance!
  19. I’ve been reading on this website like crazy, trying to get up to speed with validation/disputing/SOL etc. and still have some questions which I hope that someone who is more familiar with this can help me. Short version of story: hired scumbag lawyer to handle a legal issue in 2007. No written agreement/fee retainer (violation of Business Practices Act in Calif), and many instances of ethical violations/malpractice/negligence, fired him in 2010, after disputing his billing and demand of renegotiation of previous billings met with no response. Last payment to him was August 2009. First
  20. An old credit card debt surfaced last year, when CAs began calling. After a little digging, I learned that a JDB purchased the debt from US Bank---the CAs were their minions, trying to collect. None of the CAs responded to DV letters, so things just quietly slumbered in the background. Not a word for nearly a year, then six weeks ago, yet another CA came calling (actually, mailing, to be literal). Idiot me did a stupid thing---sent DV letters to both the CA -and- the JDB that hired them, in hopes of getting this shut down once and for all (assuming the latter didn't have validation docume
  21. I opened a Capital One credit card in March 2005. I first became delinquent August 2006 and even though I paid some months here and there after that, I was never able to get out of the late 30 days or more status until they charged it off in January 2008. When I was young(er) and stupid(er) in 2007 I kept getting called at work and threatened to be sued by Global International for my outstanding balance of about $4800. So in December 2007, I sent them a payment of $1500 and they were supposed to set up payment arrangements. Instead, they disappeared. They wouldn't respond to calls and nothing
  22. So I was just smacked in the face with information that National Collegiate Trust has gotten NCO FInancial to attempt to collect on a defaulted student loan from me. First of all, I don't even remember taking this loan. I was an irresponsible prick my first time in college and I drank way too much so my memory is not the best. However, they are telling me that I got a private loan from Charter One (I believe through the education resource institute) and the check was sent directly to me, which I cashed. Now, this was in 11/2004. However, I also have vague memories of my father attempti
  23. Recently I received a summons from attorneys specializing in collections in Michigan for a debt stemming from an alleged Credit One Bank credit card. Apparently, according to my credit reports, LVNV LLC purchased the alleged debt in December of 2008. This is all new to me. I had never even heard of LVNV until I received the summons, nor do I believe I ever held a credit card with Credit One Bank. In the meantime, LVNV has been adding interest to the so called amount owed, after they purchased it from Credit One. I don't see how they can do that if the account was in fact charged off by Cre
  24. Hey all, thanks so much to all of you who answer the posts, been great reading for the last two weeks as I get more knowledgeable regarding this endeavor. FYI I have googled and searched in this forum for the answer first, just couldn't find the answer. My first question as I begin this process: Opinion on DV Timing My negative TLs are all from 2008, most are over 5 years SOL which is the case in Florida for written contracts, by a month or so. However one will not be until a month or so in the future. Questions: Is it better to wait for all to be past SOL to begin the process? (my