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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. I had a preliminary title search done on my house in San Francisco. I found a judgement for Midland for about $9043. I had never been notified. I had never heard of this. It is not on my credit report. I called Midland and it turns out to be a credit card that had been charged off in 2010. On the charge off statement on Midland's website the total due was approx. $7000. The judgement was on October 2, 2018. Does anyone know if there is a statute of limitations? Is there anything I can do about this?
  3. In 2015 portfolio recovery served me with papers to sue for a debt from Dec 21, 2012. I sent an answer, and requested a copy of the paperwork showing I owed the debt. They never responded until now. This week I received a court date from Rausch and Sturm saying they received my answer and they are taking me to court. They have never sent me any proof of owing this debt. Isn't the statute of limitations in Texas 4 years? Any help is much appreciated.
  4. HI, When I Lived in NY I sent my kids to a Nonprofit Private school and received Tuition scholarships, I have never taken any loan - I made payments from 1996 to 2007, then took my kids out. I made no payments since then, I was just served papers that I owe the school, 109k for tuition that I never paid. I told them that the Statute of Limitations in NY is 6 years, and they sent me bills paid in 2013 and 2014 (also after Statute of Limitations ) which I never gave them, someone must have paid them small payments without my knowledge. (small payment less than $600 over 2 years) then n
  5. Good afternoon, The debt my JDB is suing me for has reached the SOL for my state (Michigan) now that we are in the DISCOVERY phase of my case. Is there anything I can do at this point even though I've denied this debt in my answer and affidavit or am I screwed in terms of bringing up the SOL? Thanks....
  6. Title poses the inquiry, what is the statute of limitations on retail accounts in Missouri? My various google searches for answers provide nothing concrete, as I get different answers from different results. (Store cards, like Lowes, Best Buy, Jareds etc?) Sterling Jewelers, through an attorney, (owning brand of Kay, Jareds and a few others) purportedly contacted me today via phone through a mitigation firm (whatever that is), with a number to call and a file number to give in regards to a delinquent account from 2010 threatening civil action. They did have some personal information, howev
  7. I am about to argue a motion to vacate a default judgement. The original complaint was filed against me without my knowledge in late 2011. The alleged date of default is from 12/5/08. I only learned about the lawsuit in April 2016, when I was sent a Notice of Wage Garnishment. I am arguing pro se. I did already object to the wage garnishment but in addition I have filed this motion to vacate. The Plaintiff (Midland Funding) and their attorney (Pressler & Pressler) sent everything from the initial 2011 complaint to the wrong address, even though I had formally changed my addre
  8. Hello, Midland sued me in California back in July 2015. I fought the case, and they dismissed the case without prejudice before submitting their documents that I requested. The alleged account was a Sears credit card on which the last payment (according to the statements provided in the law suit) was paid in June 2013. The two statements that Midland sent with the Summons and Complaint was a July 2013 statement from Sears (which would have been the first missed payment on the account) and a March 2014 statement from Sears. My credit report shows that Midland opened the account in J
  9. Hello Forum, HELP!!! I am a Texas resident and Homestead Property owner involved in a Pro Se "unconscionable contract" dispute with Nationstar Mortgage. My original petition is attached. Nationstar is a "Debt Collection" agency/service provider for Freddie Mac. The defendant Nationstar has sent an open letter of "General Denial" to my claim stating: 1) Defendant asserts statue of limitations. 2) Plaintiff has failed to name all necessary parties. 3) Plaintiffs complaint alleges damages that are the result of acts or omissions committed by non
  10. 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
  11. I have a question about Missouri's somewhat confusing statutes of limitations on the collection of credit card debt. RSMo 516.110 states: Within ten years: (1) An action upon any writing, whether sealed or unsealed, for the payment of money or property; While RSMo 516.120 states: Within five years: (1) All actions upon contracts, obligations or liabilities, express or implied, except those mentioned in section 516.110, and except upon judgments or decrees of a court of record, and except where a different time is herein limited; My question: which
  12. I just recieved a letter from KRAMER CREDIT SERVICES LLC. It is a wage attachment and need to appear in court. The last name it uses I HAVEN'T HAD IN 14yrs... It does not state what the $ is from or who they bought my debt from. I have not had a credit card in 18yrz, never over drafted at abank..... I am a single mother barely making my rent and can't comprehend what this is or how they can take me to court or take what little funds I make. It says if I do not appear they will automatically garnish my wages. I was told that SOL can be reset if I contact them. I am terrified and confused... ANY
  13. Hello. I have an old debt with Kay Jewelers (credit card account). November 2014 was contacted about debt (and not knowing what I know now) paid the debt and thought it was over. Never received any confirmation of the debt or that I paid it. The only proof is the amount on my back statement. Fast forward to August, I begin receiving calls about the debt mentioned above from a company called RW Financial. They state that they own the debt and that I must pay, or they will take me to court for the amount. I began by calling Kay and following the companies that bought the debt till I learned
  14. Yesterday was a light mail day. There was one piece of mail with the return address of Warren, MI. I knew immediately it was from Asset Acceptance. Let's go back in time to talk about my experience in dealing with them so you can see how this started, and now, how it has ended (spoiler alert: I didn't pay them anything). About 3 years ago I began receiving calls from them. I was excited to see BoA sell it off to them, as debt buyers are pretty easy to beat up on in court. I fired off a letter that disputed the debt in its entirety, and I demanded proof thereof. It was one of those 2 senten
  15. 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
  16. Hi I'm new here and am at my wits end on what to do. In 2008, I got a $13,000 personal line of credit from Beneficial. I was paying extra every month for insurance in case I was unable to work due to an injury etc. Well, I broke my leg that year, and asked to have the insurance coverage be put into effect. They denied me because I was self employed. Funny thing is, they knew I was self employed when I got the line of credit. I fought it with a lawyer, and they dropped it. Then, on December of 2011, a judgement was entered against me for $14,996.94. I have not been able to make any payments, pl
  17. This afternoon, outta the blue, I received a voicemail on my cellphone from an unknown collection agency for my DH. The message stated he missed a telephonic deposition and that further action would not be prevented by not contacting them, etc. They left an 800 number along with a reference number. Called DH and he had no idea what it could be. We conference called them back and gave the reference number. A woman got on the phone and was immediately nasty and combative. She verified his SSN and then said that he owed CitiFinancial and it was last paid in 2009. She went on to say it was purcha
  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 di
  19. I tried to search what is the SOL in California, what I have searched so far is 4 years for written contract. Question: When is the SOL typically starts? Type of Account is Revolving Credit Card.
  20. I have an old Wells Fargo Financial credit card account that recently went into collections. The balance is shy of $6,000. My last payment was made more than four years ago. Does anyone know how I can obtain a copy of a Card Member Agreement from 2010? The current agreement, revised in 2014, says it's governed by the State of South Dakota. I'm hoping the older agreement is govered by a state with a shorter statute of limitations. Because my last payment was made in 2010, I'm assuming I can argue the agreement from 2010 would apply. I've checked the database at consumerfinance.gov wit
  21. Confused. Is the statute of limitations for credit card debt in Ohio 15(now 8 years) or 6 years. Are credit cards written agreements 2307.6 in Ohio?
  22. 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
  23. Hello, I am in need of some serious help. I have never checked my credit report in my entire life until two days ago when a collection agency called me and informed me that i had student loans in my name. *this is sadly a case of family fraud but i did attend school so I'm dealing with that, it only prompted me to check my credit report to see what else may have happened. I did credit karma (transition) and to be safe got the experian report as well. I am going through all this information still as it has been pretty overwhelming but have noticed a few pretty serious concerns already.
  24. I had a corporate credit card and a corporate credit line in my name from Capital One that the company I owned stopped paying in 2009 when the business closed. I hadn't heard a peep from Capital One for several years even at the old address until I was forwarded a regular letter sent via USPS from a judge. The letter wasn't sent registered or in any special way. How does the judge even know I received this letter? The letter informed me I'm being sued by Capital One. The statute of limitations in the state where the company was located is 6 years. I now live and work in a different state w