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I heard that North Carolina prohibits debt collectors from using the tolling provision to stop or pause the statute of limitations on personal credit card debt. In other words, the statute of limitations runs as if I never left the state of NC (I left the country for some time). Is this true, false or partly true? Please elaborate.
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!
A sheriff hand-delivered a civil summons today based on an alleged debt that originated with HSBC. The last payment made to HSBC was such that the SOL cannot be used as a defense. The docs state that I owe $1,775, plus interest at the "legal rate of 8% annum..." Edit: HSBC sold the alleged debt to PRA, while Redline Recovery is simply a debt collector. Obviously, HSBC owned the debt while Recovery was trying to secure a settlement. Therefore, the following paragraph is of no significance to my case. Here's a fact that may or may not apply (see item 16 below)--again, the debt originated with HSBC. Then, I received a mailed notice dated February 2011 from Redline Recovery. Redline Recovery stated that my "account has been placed with our office for collection." I never respondend and/or contacted Redline Recovery. The last notice from Redline Recovery was dated 2/3/11, and it offered me a settlement. It states in writing that I had until 2/25/11 to accept the settlement offer. I took no action. However, in the documents I received today, there's an "assignment and bill of sale," which reads that HSBC entered into a purchase and sale agreement as of 2/7/11 with Portfolio Recovery Associates (PRA) "for the sale of Prime Fresh Charged off Receivables..." Meaning, PRA "purchased" my debt, I guess, and PRA is the plaintiff in my case. Is this noteworthy? Is it something that should be mentioned in my reply? How can the bill of sale be valid on 2/7/11 when another collection agency, Redline Recovery, had just sent me a settlement offer dated 2/3/11 for the same debt and extended the acceptance period to 2/25/11? I called the local court and confirmed that, yes, a case has been filed. I have 30 days to answer the complaint received. Any ideas as to the best course of action? I'm reading through people's experiences. Thanks so much! 1. Who is the named plaintiff in the suit? PRA 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Initials are S.R. 3. How much are you being sued for? $1,775 plus 8% interest 4. Who is the original creditor? (if not the Plaintiff) HSBC 5. How do you know you are being sued? Served the paperwork with complaint and civil summons today. 6. How were you served? (Mail, In person, Notice on door) Sheriff 7. Was the service legal as required by your state? Seemingly. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Yes, PRA snail mailed a couple notices. 9. What state and county do you live in? North Carolina. 10. When is the last time you paid on this account? Just under 3 years. 11. What is the SOL on the debt? To find out: 3 Years in NC. 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). N/A, yet. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No. 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. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. The complaint.Two credit card statements from the original creditor, HSBC, are attached as evidence. One clearly shows the last payment date.Two typed "Assignments and Bills of Sale."A printout with my name, account number, address, phone, and other sensitive data that reads, "data printed by Portfolio Recovery Associates from electronic records provided by HSBC Bank Nevada, N.A. pursuant to the sale of accounts from HSBC to PRA."