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Found 58 results

  1. Hello Everyone, How does the Statue of Limitations work in the State of California? I am being sued by Calvary LLC. They sent me 12 billing statements in my Request for Production of Documents with the last payment showing on 03/31/2013. I understand that the SOL in California is 4 years but was wondering about any details that would be helpful. Any help would be appreciated. Thanks
  2. Everyone has a story.. I'll make mine short. Life altering unexpected decline in health lead to unemployment. No support system, no help. It took me about four years to get both my health and life back on track. I met a girl four years ago who I'd like to marry. We're moving next summer and I want to prepare my credit to buy a home in the next year or two. I beat Cavalry in court on one account (thanks to this community!), the rest have surpassed the statue of limitations here (5yrs). AMEX ($3,500) - Est Removal: 10/2018 Portfolio 1 ($3,000) - Est Removal: 02/2019 Portfolio 2 ($2,500) - Est Removal: 10/2018 Enhanced ($1,000) - Est Removal: 11/2018 I'm not sure what the best course of action here is.. I've been living under the radar for years, running cash businesses etc. I'm self employed, I do pay some taxes but do not have my own checking (use PayPal business w/card) or my own credit cards (on family accounts as an AU, pay them directly). I'd like to begin improving my credit score. My SO has great credit (810+) BUT about $150k in student loans. I'd like to try and get us a house or investment property in the next 1.5 to 2yrs. So I was thinking contact the reporting agencies on Portfolio one as I'm sure the last payment is inaccurate. I'm hopeful there is something aggressive I can do against the three remaining account but maybe just let them run their course? In the mean time then, open a bank account, and get a secured card (Discover IT). Possibly a secured loan the first year for extra oomph. Next step, focus on that AMEX. I'd like to get another one, one day. I've read I need to pay the debt directly to AMEX and should get myself added as an authorized user on a good standing account a bit after that. If approved as an AU then I'm off the BL and should re-apply to AMEX on my own when my credit merits it. Thoughts? Thank you for any time you may spend reading this or better yet.. replying. Sincerely, my thanks.
  3. In today's mail from a lawyer was a copy of an Affidavit for Renewal of Judgement which was originally entered in Maricopa County Superior Court 12/7/12 from an old $2500 credit card debt. I tried to settle unsuccessfully with the attorney subsequently missed the court date so a default Judgement was entered. I was thinking that time heals all wounds and patiently have waited for the Judgement to expire or drop off. My credit has been wrecked for a long time and was just starting to improve. Is this going to follow me forever? Is there no Statue of Limitations that applies? What should I do?
  4. Yesterday, I've a voice message requiring my an attention to "very serious matter". Oh, here we go again. I decided to go ahead and called them back. Attorney: Nelson, Cruz and Associates (Dallas, TX) Client: Hovot Management LLC (Collection Agency) Creditor: MERVYN'S [Charge Card] File No: 2016-xxxx Current Balance: $875.58 I live in Arizona. According my old credit reports (TU, Experian and Equifax), I made the last payment in December 2008. I am not sure if I have on paper these old 2008 "OK", past-due Mervyn's statements and subsequent collection letters. This Collection Account was removed from all my Credit Reports at the End of 2015. They claimed, that the last payment was made in 2012, after they changed it to 2011. Looks like, I have a deal with an attempt to re-age an old debt that was long out of SOL. Nelson & Cruz offered me a settlement 50% with a formal settlement letter. I've sent them back Cease and Desist letter stating that under ARS 12-548 (Arizona 6 years SOL for Credit cards) expired after 2014 and FCRA 7 years for Debt Reporting expired after 2015. Exchange was thru email, which I provided them to accelerate communications. At this point, I am posting this as FYI about various tricky collection techniques to refresh old debts trapping consumers into debt's acknowledgment and making small payments which would reset SOL. P.S. Neither Hovot Management LLC nor Nelson Cruz registered as Collectors with AZ Dept of Financial Institutions. Also, Google does not show any "Hovot Management LLC" at all.
  5. need help...asap...was given a summons...*side question dude did not require signature...when being served, dont they need a signature?!?*...it was a utility bill...dte in michigan...*under 1000*...last payment was on november 2010...*i was on a payment plan*...the summons states i was at that address until feb of 2011...i was not...i can prove i moved in nov. of 2010...sol would have expired in november of 2016...what i can not prove is that i did indeed call the utility company to disconnect service...BUT...the utility company stated that last activity on account was nov of 2010. stenger & stenger is handling the debt collection...i offered 500 bucks...they said 750...i JUST got a lay off notice for next week...ANYONE?!?...help or input?!?...should i go to court and show the sol expired?!? thanx
  6. Hello everyone, I am hoping I can ask for your help. On October 5th, my husband was served a summons/complaint regarding a long closed credit account from Wells Fargo. It has been over 6 years (our state's SOL) since the last activity on the account, so it should be a time barred debt. The account was in his name only, but I am doing all I can to address this promptly and thoroughly for him since he is always working. We called a local consumer rights attorney for a free consultation, but he didn't seem to think we should file an answer. He said that we should mail a certified letter to the lawyer who filed the suit/served the papers, informing him of the time barred debt (with proof), but I am confused about this approach. This assumes that they won't continue to press their suit, and from what I understand, these guys are relentless, time-barred or not. Also, wouldn't any correspondence confirming any knowledge of the debt, or the proof from my husband's credit report timeline restart the SOL? I have been browsing the forum, and found enough helpful information that I understand a bit more about our rights, and filing an answer, I just need an idea of what to do next. We're not very good at "legal-ese", so please go easy on me Thanks very much! 1. Who is the named plaintiff in the suit? Midland funding, LLC. (sorry about the following quote, I don't know how to get rid of it) 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Gordon, Aylworth & Tami. 3. How much are you being sued for? $2,900.00 plus "plaintiff's costs and disbursements incurred". I'm amazed no interest was mentioned. 4. Who is the original creditor? (if not the Plaintiff) Wells Fargo Bank (credit card). 5. How do you know you are being sued? (You were served, right?) Served. 6. How were you served? (Mail, In person, Notice on door) In person. 7. Was the service legal as required by your state? Yes. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? My husband has had zero correspondence with them, minus receiving letters threatening legal action unless they are paid in full. They have consistently been calling my phone looking for him/even my mother's home phone, but we always hang up. 9. What state and county do you live in? Washington County, Oregon. 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) July-August 2010. 11. What is the SOL on the debt? 6 years. 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Suit served. At this point, the case is simply waiting on my answer. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes, my husband has disputed this account every year with the credit bureaus. 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No. 15. How long do you have to respond to the suit? (This should be in your paperwork). 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? 30 days from the date of service (10/05/2016). 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing, just a cookie cutter statement. 17. Read this article: Okay. The following is the summons/complaint received.
  7. The U.S. Supreme Court on Tuesday agreed to decide whether people who have filed for bankruptcy can sue companies that attempt to collect debts that was not required to be paid back because of state statutes of limitations.... http://www.courthousenews.com/2016/10/11/debt-collection-dispute-faces-high-court-hearing.htm
  8. Good Morning, I have 4 student loans from GMAC now being held by various National Collegiate Student Loan Trust entities that were charged off in December 2012. All of my loans have choice of law provisions which reference states other than the one I'm in and received the money in, which is Massachusetts. The states listed are DE (2), PA (1) and UT (1). While MA is a 6 yr SOL state, the others are 3, 4 and 6 respectively. I know I am on the hook for the PA and UT loans, but believe I can fight the DE loans. I am however concerned with the possibility of these documents being signed under seal. I have done some research and the case law is not clear on the issue. All of the notes lack a seal, but do state the following on the term sheet: By my signature, I certify that I have read, understand and agree to the terms of and undertake the obligations set forth on all four (4) pages of this Loan Request/Credit Agreement G M.04-05.CRWO. I 0.0104 ("Credit Agreement"). I understand that any person who knowingly makes a false statement or misrepresentation on this form is subject to penalties, which may include fines or imprisonment. This Credit Agreement is signed under seal. I understand that I am not required to fax my signature on or to sign electronically this Credit Agreement and any related notices that requite signature. If I choose to fax my signature on this Credit Agreement and any related notices that require signature, I intend: (i) my fax or electronic signature to be an electronic signature under applicable federal and state law, (ii) any fax printout or printout of Lender's electronic record of this Credit Agreement and related notices to be an original document, (iii) to conduct business with the Lender by electronic records and electronic signatures, and (iv) that this Credit Agreement will not be governed by Article 3 of the Uniform Commercial Code, and my obligations under this Credit Agreement will not be subject to, but any transfer of my obligations will be subject to, Article 9 of the Uniform Commercial Code. Is this enough to consider this under seal? Has anyone dealt with this issue with NCSLT or another entity? If so, how did it turn out? So far, I have been sued in another state for one of these loans. I was able to get that dismissed without prejudice. I was sued in MA for another. I was able to get that dismissed without as they filed in a lower court with a demand over that court's threshold. NCSLT has never filed suit in the correct court in the county I am in Suffolk. I am trying to negotiate a lump sum settlement with them, but we are getting to a number that I cannot manage with assistance from my parents on a note. Any help would be greatly appreciated. Thank you.
  9. I really need a General Strategy of how to fight Midland represented by Johnson Mark. I understand majority of documents and their purpose, but I'm worried that if I do not see the whole picture beforehand, I won't be able to react appropriately or prepare in time. Can anyone direct me to some sort of flow-chart of how the case moves through civil court. Maybe a TO-DO list and what-to-expect list and appropriate time limits. I'm a little confused on timelines and all necessary requests and filings. I'm worried if I do not file or answer some document in a timely manner then I will be basically surrendering my rights and/or missing requested paperwork to support my case. Here is my TIMELINE: 2006 OPENED WF CONSUMER CREDIT CARD AS OVERDRAFT PROTECTION 2011 CC ACCOUNT WAS CHARGED-OFF BY WF in 2011 (CC limit was $4,500 but I'm being sued for almost $10K) 2011-2016 RANDOMLY RECEIVED STATEMENTS FROM MIDLAND (amounts varied from $7K to $13K) 11/12/15 JOHNSON MARK LLC SERVED COMPLAINT ONTO MY SPOUSE (I was not present on premisses, but it's still legal in UT) 11/18/15 COMPLAINT WAS FILED WITH 3RD DISTRICT COURT, UTAH 11/24/15 FILED MOTION TO DISMISS (based on SOL; as it is not an "instrument in writing" and falls under 4 years) 12/2/15 FILED 1st REQUEST TO SUBMIT FOR DECISION 12/10/15 RECEIVED PREMATURE FILING MINUTES 12/10/15 RECEIVED OPPOSITION TO MOTION (was dated 12/7/2015) 12/15/15 FILED REPLY TO OPPOSITION 12/15/15 FILED 2nd REQUEST TO SUBMIT FOR DECISION 2/16/16 RECEIVED ACCOUNT STATEMENT FROM JOHNSON MARK LLC IN THE MAIL (very basic info stating the whole acct #, ownership, balance, but no charge-off date) 2/16/16 CALLED JUDGE's CLERK TO INQUIRE ON STATUS OF REQUEST 2/23/16 RECEIVED NOTICE FROM COURT ON MOTION TO DISMISS (ruling scheduled on 3/07/2016) 3/7/16 JUDGE DECLINED THE MOTION AND EXTENDED 21 DAYS TO FILE THE ANSWER (SOL was denied, as judge agreed it falls under "instrument in writing"; 6 years instead of 4) 3/22/16 SENT LETTER SELCETING ARBITRATION TO JM AND MIDLAND 3/28/16 FILED THE FOLLOWING: ANSWER AFFIDAVIT MTC PROPOSED ORDER 3/28 - 3/31/2016 RECEIVED MULTIPLE PHONE CALLS FROM JM (to stop any phone calls, file CEASE & DESIST) 4/1/2016 AGREED ON SETTLEMENT - my original offer was $1500 when complaint was filed; JM's lowest was $7.5K - JM offered $2K, saying it's a stretch from original $7.5K - countered with $500, pointing out ARB fees and legal expenses - JM declined - JM called 30 minutes later accepting the offer 4/1/2016 RECEIVED SETTLEMENT PAPERWORK - JM lawyer sent AGREEMENT LETTER to my email (upon my request) - called JM lawyer directly to request: dismissal with prejudice, no transfer of debt, no 1099C - agreed upon everything but 1099 - as it is regulated by Federal Law - ordered cashier's check and went to meet up with JM lawyer - received SETTLEMENT AGREEMENT and SATISFACTION LETTER in writing - both parties have signed MOTION TO DISMISS (with prejudice) - received ORDER OF DISMISSAL WITH PREJUDICE - all docs mentioned: with prejudice, and each party bearing its own costs and attorney fees - received payment stub Thank you to everyone. This has been the best resource.
  10. Hi, All. Midland has been harassing me with phone calls and settlement offers regarding an alleged credit card debt for some time now. I've never responded. They're also reporting on my CR and I'd like to find a way to get it off, particularly since they entered the start date for the purported account 4 years after the alleged OC default. I believe that they've avoided filing a lawsuit because in California, this alleged debt would now be about a year beyond the SOL. I've read elsewhere on the site that reporting on my CR without listing it as "disputed" may be an FDCPA violation. Can anyone confirm or disprove this? Thanks, H8spp
  11. I've also been sued in AZ by Midland Funding for a personal line of credit for health care services. They filed a Notice of Service of Disclosure Statement on July 22th but I didn't do anything with it upon receipt as I wasn't sure what to do. Then I had a mediation hearing today but did not enter into any agreement because I recalled that there was a CFPB ruling against them about 2 years ago and I didn't know the details of it. I just found it here and wanting to know if there's any recommendation as to how I should proceed from this point. They've also filed for a Summary Judgement which I have until August 10th to respond to. Furthermore, I'd like to know which category of the SOL this line of credit falls under in AZ. Is it an open end account subject to 3 years SOL or is it considered a credit card subject to 6 years SOL. When you opened the credit account were you 1.) given a credit card, 2.) given a loan for a fixed amount that was required to be repaid within a specified amount of time, or 3.) given an account where you would make charges up to a specified limit and then required to make monthly payments to pay down the balance? 1. ) I was given a credit card that could only be used for medical services with participating service providers. 2. ) I was given a revolving line of credit up to $2,500 3. ) I was required to make monthly payments after a "no interest- no payment" period. How to upload the complaint and motion for summary judgement? . #1 will most likely be viewed as a credit card subject to a 6 year SOL. #2 will most likely be treated as a written agreement, also subject to a 6-year SOL. #3 could be an "open" account subject to a 3-year SOL but could also be a written agreement depending on the details of the contract and how the complaint is plead. If you can, please post the complaint and motion for summary judgment with your personal info redacted. That will help us know how Midland intends to prosecute this lawsuit.
  12. Hello Everyone, This board helped me out tremendously against Midland in the past. I have a couple quick questions (hopefully) about a couple different things. 1. I have an charged off item on my credit report that lists 7/2009 as the last payment to the OC (Chase). The debt was sold to midland a couple years back. I am in Michigan, so the SOL is 6 years. Does this mean if Midland were to sue, I would have a good chance to have any potential case dismissed as they are now time-barred and past SOL? (assuming I have not restarted the time?) 2. Should I still send out a DV at this point if its past that SOL or should I send them something else when they inevitably mail/call me? (I have not been contacted yet, well maybe via them leaving a voicemail but I'm not sure if it was them. I don't answer calls from random numbers) Trying to get ahead of the game and set them up for future violations. If you need more info please let me know. Thank you all so much!
  13. I'm attempting to clean up my debt rather than declare Bk, and I recently pulled my credit report and found an that a CA is reporting an old debt as current almost monthly. The date of my last payment was in 1/2010. The debt originated at a sporting goods store in Montana where I applied for a credit card. I was in Montana on a temporary work assignment, but lived in Arizona. I have since moved to North Carolina. The SOL in each state is as follows: Arizona (Where I lived at the time I got the card): 6 years (Changed in 2011), but was 3 when I entered into the contract (2009), as well as when I made my last payment and the debt became delinquent (2010). Montana (Where I opened the card): 5 years North Carolina (Where I currently live): 3 years Nebraska (Location of the original Creditor): 4 years What should I do about the continued reporting as current by this CA, (I looked but couldn't locate a letter to send)? Which state holds the SOL? If it is Arizona, did the new statute automatically supersede the prior and now make the SOL 6 years on my debt? Should I send a validation letter? Thanks in advance!
  14. I am helping a friend with some credit repair and have come across this issue- Has a Chase card TL that is listed as a close version to his name but not exact, and not a version that is listed as known on his CR This account is being listed as defaulted on, and has DOFD listed on CR as 11/2011 In May of 2012 it was sold to Midland. My friend was in Georgia when the account is listed as originated, but has spent the better part of the last three years in Alabama. Midland never sent any letters or engaged in any collection activity until January of this year (2015) when they assigned the debt out to another CA NORSTAR. Then later he received another letter in April of this year (2015) from Stellar Recovery. Both letters listing Midland as the owner of the Debt. Both Chase and Midland are reporting this debt on all three CR's Several things- Alabama SOL is 3years, However I have also seen on the boards about the SOL following the creditor. The SOL for all of the rest of the states involved (CA, DE, and GA) is 4 years. It almost looks like Midland waited until it was out of the AL SOL to start collecting (odd?) So what to do now- My friend doesn't believe this account is his, but I'm worried a DV or dispute might be poking the lion ..... Dispute as not mine ?? With the recent chaos surrounding Chase/Midland I was wondering if now would be a good time to dispute, because after this length of time and being bounced the info on the account is probably nil to none. Resulting in a quick clear, on an otherwise clean CR without much fuss. However,I don't want to assume Midland is following Alabama SOL and/or start poking at a relatively sleeping lion and open my friend up to a potential suit 4months shy of being out of SOL for this alleged debt. My guess is with all of the massive back clean up Chase/Midland has to do they probably (even if they had info to sue) would not get around to it before the SOL runs out. My original though is to lay low for the next couple of months, wait until the SOL runs out and then dispute as not mine/or no longer liable. Let me know what y'all think ..... TIA, SC
  15. We have 3 questions at the end of this post. We stopped paying our annual timeshare maintenance fees and we were unsure if the SOL gets reset each year and how we should respond to a validate debt or pay letter. They have already won 2 default judgments for annual fees against us. Here are the chronological details: We paid off our 1993 timeshare mortgage in 2002. In 2003 I lost my income and later our assets due to illness. We paid the timeshare maintenance fees the last time in 2003. We tried to negotiate with the timeshare in 2005/06 to get rid of the timeshare but to no avail. We then had 2 California default judgments filed against us by the timeshare collection agency in 2006 ($9050) & in 2008 ($2100) for the maintenance fees and legal costs. In hindsight the high 2006 judgment amount is questionable, and we should have disputed some of it. We have lived in North Carolina since 2005 and we receive the annual maintenance fee billing every year, approximately $1000. My wife and I got a notice today from the timeshare collection agency in California stating we owe $16K+ and we have the right in the next 30 days to dispute the validity of the debt or pay the debt. Our financial condition has not improved, else we would have settled this obligation before this, particularly if they had been co-operative in 2005/06. We are 65 now with limited resources. My understanding is both North Carolina and California SOLs will not reset with each years maintenance assessment. We have not contacted the timeshare or their collection agency since 2006. Question 1 of 3: The last year we paid the timeshare fee was 2003. So the current year fee and any prior year fee not included in the previous 2 judgments are to be grandfathered into the 2004 delinquency date, therefore can we use the SOL defense? Question 2 of 3: The 2006 judgment has dropped from our credit reports. Can it be re-filed? Question 3 of 3: Should the first action on our part to be to ask for debt validation to see what is in this $15k they are asking for now or should we just respond that the SOL has run out? Or is it appropriate to say the SOL has run out but go ahead and send us a debt validation letter anyway? Thank You
  16. Hi everyone, I did a search on the forums and was unable to find a scenario like mine. If there is one and I missed it, I apologize in advance for overlooking that. When it comes to my question, it originates from a medical debt collection started in 2011 that, as far as I know, came from me breaking my hand in 2010 and being of legal age. Although I signed all of the medical documents, my parents were going to pay the medical bill as I did not have income to pay for it because I was a full-time student. With that said, my parents accidentally stopped paying the debt (I believe it was being paid for on a charge card and they received new cards), and it eventually ended up on my credit report, resulting in around $1600-$1700 in debt. So, why am I worried about it now that it is almost 2.5 years away from being removed from my credit report? It is because I have a flawless credit history outside of this collection and I honestly want to correct this "mistake" so I can continue on with having my "perfect" credit history. Now that I am graduating college and am possibly looking at moving out soon, I want to be able to have a clean-slate and not run into any issues with my credit history. I am also looking at applying for another credit card or two as my credit score is slightly above 700. Now my question to you friendly folks is this, I have read about settling and seriously pursuing the "pay for delete" route because that is the best case scenario for me, but where do I start?. I have the money to offer a sizable settlement amount, but I do want to try to settle for as low as possible as I know they buy the loan from doctors for pennies on the dollar. As a side note, this debt is still owned by the original CA that filed the delinquency back in 2011. Do I send a letter of validation even though I believe the debt is accurate and all of the notes match up with the original source of debt (the hospital)? If I do and I receive confirmation, do I offer 20% of the debt and work my way up from there? Do I run the risk of having them "reset" the SOL if I try to settle for a pay for delete? I am very serious about getting this removed, and am willing to spend generously if that's what it takes, but I'd rather start low and work my way up from there. This was what I was thinking about saying when I call them, "Hi, “name" I was hoping to be able to speak with someone about being able to settle a collection on my credit report. I inherited debt that I did not know was not being paid, and am hoping to be able to make it right and come to an agreement. As a result of this agreement, I am hoping that we can also agree that this will be a pay for delete settlement and you will contact the credit agencies to have this derogatory mark removed." If you made it through this post, I want to say thank you very much for your time and hope that you can provide me with any advice on how to approach this situation. Having this removed from my credit report would be absolutely amazing for me and my mental "well-being."
  17. Hi I just filed Motion for arbitration, and am now preparing the answer and affirmative defenses. I will post the complaint and my draft of answer and affirmative defenses below. Any critique is welcome! BTW, the case is in Ohio. My questions are: 1. Should it be better to just state "Denied" in the answer? I saw various wordings in denying... but not sure which I should use. 2. How do my affirmative defenses look like? I do want to emphasize arbitration and SOL. (I will not include counterclaim since adding it probably may waive my arbitration right) 3. As for SOL, the alleged card is from Citibank. Do I need to include in the answer statements to show the last payments/purchases, or just leave it as it is now? 4. Together with my answer and affirmative defenses, I will also include Exhibit A for card agreement, affidavit (saying this is the operative agreement), and certificate of service. Is there anything else I should include? Thank you all in advance!!! Complaint: 1. Plaintiff is the owner of the Defendant's citibank account, account number... See attached Exhibit A (bill of sale) 2. By use of the account, the Defendant became bound by the Account's agreement. 3. Defendant breached the agreement by failing to make payment 4. The amount now due and owing is $xxxx. Copies of statements are attached as Exhibit B. 5. Although demand has been made upon the Defendant to liquidate the balance due and owing, the Defendant failed to do so. My answer: Now comes the Defendant, PRO SE, and submits the answer and affirmative defenses to the allegations contained in the Plaintiff's Complaint. ANSWER 1. Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the corresponding averment. Consequently, this averment is denied and strict proof demanded. 2. Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the corresponding averment. Consequently, this averment is denied and strict proof demanded. 3. Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the corresponding averment. Consequently, this averment is denied and strict proof demanded. 4. Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the corresponding averment. Consequently, this averment is denied and strict proof demanded. 5. Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the corresponding averment. Consequently, this averment is denied and strict proof demanded. AFFIRMATIVE DEFENSES 1. This Court lacks jurisdiction due to Defendant electing private contractual arbitration as provided in the card agreement (Exhibit A) for the alleged account. 2. Plaintiff, as the Defendant is informed and believes, lacks the legal standing to bring and maintain this action. 3. Plaintiff’s action is time barred by either applying Ohio’s six-year statute of limitations for oral contracts in R.C. 2305.07 or applying the borrowing statute R.C. 2305.03( and the choice of law provision in the card agreement for the alleged account (Exhibit A) specifying application of South Dakota law with six-year statute of limitations. 4.Defendant reserves the right to plead other affirmative defenses that may become applicable and/or available at a later time, (for example, if a real party in interest is established for alleged account). 5. Defendant reserves the right to submit counterclaims that may become applicable and/or available at a later time, (for example, if a real party in interest is established for alleged account) including, but not limited to, violations of the Federal Truth in Lending Act, the Fair Debt Collection Practices Act, and the Fair Credit Reporting Act. Respectfully submitted, My signature My name address
  18. On March 28, 2015, Cavalry SPV filed a suit against me according to the Clerk of the Court's records. A pre-trial hearing set for 30 days after the papers were filed. We're on day 18 now and still have not been served. (For the first 12 days after the suit was filed, we were on "stay-cation" and spent all day/every day working in the yard. We were easy to find!) Last night, we were out when a process server taped a business card to our door. I have not yet called this person back...wanted some advice first. From reading many of the posts on the forum, I think we may grounds to have the case dismissed. But still not being served just 12 days before our hearing, I'm getting concerned we won't have time to prepare ourselves properly. Can anyone help us get started? I would be very grateful!
  19. Yesterday I got the summons from a JDB. It is about a citi credit with last activity in 01/2009. I have a few questions related to SOL, and will really appreciate everyone's help and suggestion: 1. The SOL in South Dakota is 6 years. However, in Ohio, some say it is 6 years, but there are also statement that credit card is considered written agreement so SOL in Ohio is 15 years . I would appreciate if anyone can help me to figure out this SOL for credit card in Ohio, especially if there are any case laws.... 2.Even if SOL in Ohio is 15 years, or if it would be difficult for me to argue SOL in Ohio court, can I use a CITI card agreement to argue that the SOL in South Dakota should apply, since the agreement states that the law in South Dakota governs it? 3. If I go with arbitration, can I win simply because SOL has passed? 4. I can only find a CITI card agreement in 2009, would anyone have agreement between 2005 and 2009? Or the 2009 agreement can work in my case? Thank you for any comments/suggestions!!!
  20. Lets say you have a medical bill (which typically falls under 'written contract') from a state which you are not a resident. For example, you are a California resident and seek treatment in Nevada. You were never a resident of Nevada but you did enter into a written contract there. in Nevada SOL is 6 years for written contract/medical bills in California SOL is 4 years which controls? my gut tells me they cannot sue you in the state of Nevada as you do not reside there. My gut also tells me if they sue you in the state of CA, CA courts will uphold CA SOL as a defense
  21. I recently got a letter from Client Services Inc over Chase credit card debt. First I sent them a standard DV letter. I received all, ALL billing statements from 06-2010 and ALSO part of original application I sent to Chase. Now I believe these are sufficient as validation. So I want to argue SOL. They claim that my last payment was in 2012, not sure if they can prove this. But according the statements they sent me, LAST PAYMENT was on 6/2009. Chase kept charging me late fee, interests until 2/2010. If SOL starts on my last payment, then it is time barred. (4 yr SOL of open account in my state.) But if they count late fees and interests as "last activity." then it is still in time limit. Which one is right?? Thanks in advance.
  22. Does anyone know if the idea that the original SOL per the credit card/written contract (Washington State) date apples to the debt buyer? I understand that the original creditor has a SOL based on the their home state (in my case, Citibank - South Dakota), but when they sell the debt how does the SOL transfer with it? Has this ever been challenged in court?
  23. I'm trying to repair my credit as fast as possible-even if I have to settle and pay. I have 6 accounts, all credit cards, all have been charged off. Here are my questions: 1. The SOL does not apply and therefore it will remain on my credit for 7 years? 2. I pulled TU and EX reports but they have conflicting information when it comes to the date of last payment. Should I try to validate with CRA? 3. Will settling help my score? 4. If I wish to settle should I contact original credit or CA? 5. If I wish to settle should I validate first anyways? Sorry I have so many questions, I've read all the information in here and now I'm just overwhelmed and do not know what to do first. Its a lot of great resources... Thanks, Valerie.
  24. Need some help from any and all? I am down to one collection account on my credit report. The debt collector is good ole Asset Acceptance. I owed the original creditor, Beneficial, $10,000 and my DOFD is Feb 2008. (Business went south, lost my home, started a free-fall and making my way back now.) I disputed this collection account with all 3 CRA's in mid-May. The result was "verified" by all 3 CRA's. Additionally, Asset Acceptance has been actively reporting every month now with new, additional interest costs. The balance is now $13,712, I have no documentation from Asset Acceptance, nor have I ever received a phone call from them. I'm guessing I received documentation back in 2008, 2009, but I haven't been able to locate it and have nothing at this point. They are not harassing me. I compiled this original debt in the state of Oregon. SOL in Oregon is 6 years. I relocated to Nevada in 2012. Here the statute is 4 years. Either way, this debt is beyond SOL. I just mailed out CMRRR second attempt disputes of this account, but don't feel optimistic that this strategy will work. I have not mailed out an FOAD letter yet, as they are not attempting to collect from me........other than actively updating the tradeline on the 3 CRA's with additional interest. I have not DV'd them yet, as I'm not certain of the ramifications. I also have not attempted the 623 method. So I'm opening this up to suggestions. Obviously this account will drop off in mid-2015, but I'm wanting to get it off sooner. At minimum, I'd like to take an educated stab at attempting to get this account dropped from the Big 3 prior to next Summer. Let me hear some ideas and I will execute ASAP.
  25. 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 follow the PRIMER in the Credit Repair forum, but I need some advise on how to proceed once it is time to start contacting the CAs. These are my questions and additional info: Based on the age (years since date of last activity), if I offer a settlement what should be the max percentage of the original debt?If I'm after PFD and the the SOL is expired, should I still offer a reduced settlement?Any other advice based on the info I'm providing below.Line 3 is not on my CR, but is on ChexSystem. I am willing to pay it off in full, but if the soon to expire SOL will help negotiate a lower payoff I'd rather go that route.All lines in red are now past the SOL.Current Experian PLUS Scores based on 3-in-1 report: EX - 582, EQ - 582, TU - 590 Prev Settlement Type of Debt Debt Age Original Debt Offer from CA1 Unsecured - Cellphone 2.08 $461.00 60%2 Unsecured - Cable 2.88 $523.00 80%3 Unsecured - Bank Account 3.22 $346.004 Unsecured - Credit Card 4.00 $460.00 90%5 Unsecured - Medical 5.14 $609.006 Unsecured - Medical 5.14 $1,311.007 Unsecured - Credit Card 5.53 $563.00 83%8 Unsecured - Cellphone 6.05 $945.00 25%9 Unsecured - Utility 6.46 $189.00 Thanks in advance for any help/advice.