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Found 58 results

  1. 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 way was to cause as much damage as possible, or how its listed as an open account on two of the CRA when I have no contract or agreement and this type of account could not be an open account like it is with a credit card. Anyways is there any truth behind this? Could I push hard to get this removed based on the way they reported it? If not what are my other options? Oh and this debt is now past the SOL for Texas. The original FTP was reported by the OC on billing statement as 8/2009 Thanks
  2. 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 since basically forgetting about it in '09 when I was going through a divorce from my first husband. No phone calls, no mail, nothing. I know it was originally for much, much less than $5000 but I don't know how much, what was paid or when. Portfolio Recovery has my maiden name on the suit- which has changed twice since 2008. They also have an address that hasn't been mine since 2005. I believe they tracked me down because I pulled a credit report last month. (not sure if the name and address discrepancies matter much or not). Anyway, I don't know where to begin. I feel like such an amateur in all of this. I'm no idiot, but legal jargon makes my head spin! On top of it all I am 6 months pregnant and my mind is foggier than ever. I believe my first step would be to file a general denial of everything? I am trying not to stress out too much but I want to make sure I answer on time and I do everything properly. I live in California, in Sacramento County. Can someone help me with the wording? I have been trying to attach a scan of what I was served with, but the upload keeps failing. I will keep trying... there was no supporting documents at all regarding the debt. I want to respond to this ASAP. I need a very easy to follow step-by-step. I'm already feeling sick over the $400+ it's going to cost to file the response.
  3. 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?
  4. 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!
  5. 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 collected as of September 2012. Can someone please advise what first steps I can take. I do not want to kick a sleeping lion. Should I let it go until the real drop off date is supposed to drop off.
  6. 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?
  7. 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?
  8. 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 There is now due and owing to the pantiff the amount $1xxx.xx In addition, plantiff is entitled to recover interest from the date of judgement at legal rate 5) further equity requires defendent to pay the value of the benefits received DEMAND A damages to be paid in the amount of $1,xxx.xx less payments made B interest from the date of judgement at legal rate. C for costs of court both pre and post judgement D any other relief as the court deems equitable. That is all they sent. a cover letter with the court address and explination that i have 20 days to respond. I only have 3 days left,needing something out today. i do not have any records of this account to verify. my credit report does reflect a charge off from capital one, no amount given, opened in 2007 and last UPDATED in 2009. the last 4 digits on account are not listed so it does not confirm it is the account midland is referring to. no idea when last payment was, but my bank account records that i currently have don't show any paayment for at least 5 1/2 years. would have to really dig to go longer, but my assumption is if i had made a payment within 6 year mark, it is by a matter of possibly weeks, if not over the 6 years. Utah law is 4 years SOL on open-ended accounts which should include credit cards. utah code 78B-2-307 Some judges opt to validate the 6 year statute code 78B-2-309 citing that it is considered a written contract, and gets 6 years. there is other informarion that it shouldn't be a SOL of 6 years, but i have read all jdb in the state fight the 6 years and despite legal definitions by the state, judges often side with 6 years so it seems to be luck of the draw over letter of law. So my main concern in my general denial is wht to put in my affirmitive defenses? I know i am cleared for the 4 year, and is very possible i am even cleared for the 6 year, but it would take time i no longer have to find out for sure. Should I list SOL in my affirmative defenses now, or should i wait for discovery? Best template for response appreciated. if i wait for discovery, how should i word my response now to allow that to be brought up during discovery? Some say if you dont bring it up in your response, then you cant bring it up later.... Also, anything else you would list in affirmarive defences? Would love input ASAP as i have about 24 hours Thank you in advance! Only idea i have so far is the general denial to paragraph items 2-5
  9. 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?
  10. 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?
  11. re: http://www.creditinfocenter.com/rebuild/statuteLimitations.shtml#2 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 1.you 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 on first dunning letter, does SOL start from the last payment or first dunning letter (which is sometimes up to a year after last payment). im just wondering if there is more specific language describing these 'acclereation clause' only time ive ever really seen that used was on a lease or contract, not an open book account.
  12. 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?
  13. 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.
  14. 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, What do I tell them in my reply? that this is past SOL and I am not paying it? I am trying to clean up my credit and would like to settle/pay those that make sense to pay. This is the only one involving a payday loan.
  15. 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? Second question is regarding lack of standing. Since this is a JDB and several years old and likely sold a couple times would using a lack of standing defense be a good idea in my answer, or as I have read in a couple of threads should I save it for later? Lastly, if I do use it in my answer how do I phrase it, I know that is a basic question but I can't seem to get an answer? Thanks in advance for any and all help.
  16. 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?
  17. 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!
  18. 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 unpaid billing with a ‘payment due now’ notice was in December 2009. SOL in Calif for verbal agreement=2 years, written agreement=4 years, so as far as I can tell, SOL has passed (if this is construed as a verbal agreement), or will pass in December 2013 (if construed as a written agreement…there were written bills sent, but no original written fee agreement ever signed). Lawyer assigned the account to a CA and I received notice from them 3 weeks ago. I checked one CR today and don’t see any reference to a collection (yet). 1. I believe this is a verbal agreement. Would you agree? 2. Do I write to CA with a dispute/validation letter or do I bypass that and go straight to a SOL letter? The timeline on this website indicates to bypass DV letter, but advice you give in some forums seems to say to do DV first. 3. The timeline and the zombie debt letter on this website both refer to it being a violation for CA to report this on my CR, yet elsewhere I’ve read that it can stay on CR for 7 years. Which is correct? Here’s the excerpt from your zombie debt letter that refers to this: “your firm has violated provisions of the FDCPA by implying that the legal status of the debt is collectible by reporting the alleged debt to the credit bureaus. The exact statute: [15 USC 1692e] (2) The false representation of— (A) the legal status of the alleged debt and ( any services rendered or compensation which may be lawfully received by any debt collector of the collection of a debt. I am also doubtful that you would have adequate documentation to prove in court that you have the right to report this negative information on my credit report, and therefore you are in violation of the FCRA as well as the FDCPA.” 4. The debt is “assigned” to the CA. Would it do any good at this point to send the OC, (Scumbag Lawyer) a letter asking him to recall the account from CA and threatening to file a complaint with the California Bar? 5. I still dispute the original billing, but from what I’ve read it seems like that doesn’t really matter…the CA can validate it anyway and it can still stay on my CR for 7 years. Any way to fight this based on disputing the legitimacy of original billing, or is my only recourse disputing it on CR with a written explanation. I don’t want this scumbag’s illegitimate billings to mar my credit. Thanks in advance for any advice you can give.
  19. 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 documents either). Bad move. No word from the CA, but the JDB sent back: Copies of the Bill of Sale and Assignment (two--one when US Bank sold it to JDB #1, then a second when JDB #1 sold it to these guys, JDB #2)Copies of two monthly credit card account statements (one showing the last charge made on the card, the second showing the bank's charge off)Their MN collection agency license number As I understand it, that fulfills validation requirements. If this had occurred a year ago, I could have/would have negotiated a settlement, but now, within six months of the SOL, the devil on my shoulder wants to run the clock out. Add to that a serious dip in my career the past nine months, and a negotiated settlement isn't financially possible. Pertinent details: Date of First Delinquency: March 2008Minnesota SOL = 6 yearsResulting expiration date is March 2014, six months from now Yes, I should have left sleeping dogs alone. That said, what do you wise souls suggest I do moving forward?
  20. 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 was sent. (Like I said - stupid) The payment date was reported on Capital One's TL entry, but the balance did not change. Fast forward to 2012 and I began getting calls from my old friends Portfolio Recovery demanding payment of $4800 and showing last payment date of December 2007. I checked my CR in April and it showed that the Capital One account was sold to Portfolio Recovery. My Capital One account has since fallen off of my credit report. I don't see the PRA account on my credit reports that I just pulled. My questions are: It does not appear to be past the Indiana SOL of 6 years even though it no longer appears on my credit report. I can't dispute anything with CRA because it's not there anymore. Do they remove negative TL's when they are going to sue to avoid disputes? PRA sues a lot of people in Indiana... Based on the last payment date of December 2007, the 6 year SOL should apply January 2014. Is this correct? They also own a debt from HSBC which is well within SOL for $562. I'm planning on offering a settlement for PFD. How can I protect myself that if accepted, they don't try to apply payment to the Capital One debt and restart the clock? Also, with PFD, is it better to offer a lower or higher amount? Thanks for any help! You guys have been a huge help to so many people. I've already learned a lot from you. I've been able to get a few false entries removed from my CR already, but these PRA guys engage in guerilla warfare and it's time to consult with the 4-Star Generals! -ivyy
  21. 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 attempting to help me with this and getting a plan together in 2008. They say one payment was made 4/2008. This is not listed in the NSLDS database. I believe they said it was a ALPLN. My other current loans, which I pay, are listed on NSLDS but this isn't. How do I find out for sure if this is federally guaranteed or not? If the last payment was made 4/2008 and it was not federally guaranteed then the SOL would be up in May of 2014, right?
  22. 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 Credit One. In fact, they are trying to accumulate additional interest up until April of this year. I filed an Answer to Summons with my local court, where I am being sued. This is very, very confusing. For starters, I believe the original debt actually dates back to a Capital One credit card I had that was charged off back in 2005. I have looked through ten years of paperwork here and I have yet to find a single bill from Credit One. Is it possible that somehow Credit One got ahold of the account that was charged off from Capital One? I am of limited means right now. But I would like to take care of this issue. I plan to go meet them in court and negotiate reasonable terms BUT ONLY IF they can prove I did in fact have a Credit One account. Prior to being served papers, I did send a certified letter to the attorney asking for proof of the debt. All he sent me was the copy he had included in the original paperwork called "Exhibit A" which looks like a copy paste job and does not appear to be legitimate. In the answer to summons I stated: 1. I have never owned said credit card (paraphrased just a bit). 2. I have never seen "Exhibit A" until I was served the papers by the attorney and then again in the summons. 3. Please provide proof of said agreement. 4. Said account did not exist as stated by the plaintiff. 5. How does a person accrue interest on an account that has long since been charged off? 6. Plaintiff has failed to provide proof of debt. On further pages I stated: I do not owe this debt. The plainfiff has failed to define the charges. I want to have a statement showing all charges and any signatures I might have made. I want a copy of said credit card agreement. "Exhibit A" appears to be fraudulent. It looks like someone copied and pasted the paperwork together. Credit Card agreeement was closed a long time ago why is interest being accrued up until April of this year? ETC... According to the clerk at the court, a "pre-trial" will be scheduled. That is the next step. I assume that is when the attorneys will have to bring more evidence and if they have it then we can negotiate a settlement. The clerk said I will sit down with the attorney and discuss it, a judge will be close by and can be called upon at any time during the pretrial. That doesn't sound too bad, right? I don't really feel that I am any where near being prepared to meet these people in court. I have been spending a lot of time reading up on the laws and gathering information but I feel I have a very long way to go. But in the meantime, I really want to get to the bottom of this. I want this fixed on my credit reports as well. How can I find out for sure if I had a Credit One account? Because honestly, this is the first I have ever heard of a credit card account with Credit One. Thanks in advance for any help one may have to offer. I know this sounds more confusing than anything else and I apologize.
  23. 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 thought is if my DV'ing some lines will spark action in others that are not past the SOL) Secondly, some forums suggest adding 6 additional months for an SOL to take effect. Should I wait now until all are 5 years 6 months old at least? Finally, and this may be the stupid(er)question; if i have no judgements listed on my three credit reports from these old debts, can I be relatively certain that they have not gone to judgement, or are there other areas to look in? Thanks for any advice.
  24. I have an outsanding student loan in California from 1986 which ECMC is now threatening to sue me on.. I do know that student loan statute were removed by the congress a few years ago, does this apply retroactively in time ?