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  1. Hello, I have an open thread involving PRA suing me for a Barclay’s card here, but I wanted to create a separate thread to bring attention to some nuances in the Barclays credit card agreement. Specifically, there are relevant parts to the agreement which are outside of the arbitration section and may be missed by some people (myself included). First of all, the arbitration section has verbiage that states: "Under no circumstances will we seek from you payment or reimbursement of any fees that we incur in connection with arbitration.” Now while the sounds all warm and funny, it’s import
  2. 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
  3. 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 Portfo
  4. 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
  5. 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 C
  6. 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.
  7. 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
  8. 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
  9. 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 u
  10. 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 basi
  11. 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. C
  12. 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
  13. 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
  14. 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 w
  15. 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
  16. 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. W
  17. 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 bein
  18. 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
  19. 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 di
  20. 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
  21. 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
  22. 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 m
  23. 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?
  24. 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
  25. 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 Acceptanc