Search the Community

Showing results for tags 'statute of limitations'.



More search options

  • Search By Tags

    Type tags separated by commas.
  • Search By Author

Content Type


Forums

  • Announcements
    • Polls
    • PLEASE READ BEFORE POSTING / Board Announcements
    • Resources
  • Credit Repair Forums
    • Credit Repair
    • Collections
    • Credit Bureaus/Reports/Scores
    • Credit Article of the Week
  • Legal Issues
    • Is There a Lawyer in the House
    • Bankruptcy Q and A
  • Debt Validation
    • While You are In It Debt Validation Q and A
    • Debt Settlement
  • Loans and Banking
    • Obtaining Credit Cards, Auto Loans and Financing
    • Mortgages
    • Student Loans
    • Banking and Finance
  • Non Credit
    • Off Topic
    • Wine

Find results in...

Find results that contain...


Date Created

  • Start

    End


Last Updated

  • Start

    End


Filter by number of...

Joined

  • Start

    End


Group


Location


Biography


Interests


Occupation

Found 33 results

  1. 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?
  2. 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.
  3. 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 no payments again since 2014. - can anyone tell me what I am responsible for? I have seen on this forum that the clock does not start again if a partial payment was made and also I am not the one who made it. I have also never been contacted by them from 2007 till now (2017)
  4. 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....
  5. 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, however it was nothing that couldn't be attained from my credit report aside from the full digits of my SSN (and some of their information they were trying to use, for what I can figure was intimidation, was flat wrong, like purchase dates on a vehicle etc.) Trying to figure out what to do, should I just wait to see if they/or someone actually files anything with the courts and then just hand it over to an attorney? (Funny thing, the "firm" that contacted me... their number traces to Monrovia, California...not Missouri or even the tri-state area. Also, they claimed to have mailed me something middle of September, but I received nothing. I also specifically told the "lawyer" on the phone that before I would even consider proceeding, I require a validation of the debt in writing via USPS. To which he replied "we're beyond the time for validation, that won't be happening, the next thing you receive from us will be a summons from the process server" to which I replied with "Alright, see you in court then.")
  6. 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 address with Motor Vehicle back in early 2010. The original debtor was Target National Bank. My primary defense is lack of personal jurisdiction, improper service. In addition, the city I moved to was in an entirely different county from where the lawsuit was filed. (Filed in Cumberland County, NJ and I reside in Salem County, NJ). I am hoping to win the motion without putting much emphasis on the County difference. I am comfortable with the current judge and don’t wish to change venues unless it is my only option left. Soon after I filed the Motion I received a letter from the Plaintiff's attorney asking me to prove my address from November and December 2011, when service occurred. As far as I know I already did provide proof of address change and enough documentation to show a pattern of my whereabouts during this time period. I am not sure if I should send them something right away or wait to see if the judgement is vacated? I have requested they Validate the Debt already and Pressler & Pressler refused since they had already won the default judgement. In any case, if my motion to vacate is successful, I would assume Midland Funding will attempt to refile. They might refile in Salem County this time, or attempt to restart or refile in Cumberland County. NJ Statute of Limitations on Debt Collection is 6 years. Since the original date of default on the debt is from 2008, is this debt now considered time-barred? Or is there any reason the statute of limitations would be ignored or reset? Of what issues should I be aware?
  7. 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 June 2014. I know that California has a four year SOL for credit card debt. When did the clock start ticking for this account? Was it June 2013 when the account was last paid? July 2013 when the first payment was missed? March 2014 when Sears last tried to request payment? Or, June 2014 when Midland opened the account? I really want to tell Midland to go kick rocks and stop sending me notices, but I am afraid they will try to sue again. Litigation is expensive.
  8. 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-parties to this action over whom the Defendant has no responsibility or control. 4) Plaintiff failed to state a legal basis for his claim. My questions/comments are as follows: 1) I am WAY out of my league as a Pro se litigant. My experience level in life has not prepared me to fight a giant like Freddie Mac & Nationstar Mortgage but I have lost everything in my pursuit of an equitable judgement and this is my final hope. 2) What do I do? In responding to the 4 points listed above I can only provide these statements for your help & consideration on how I might go about defending my home. Point 1: Defendant asserts statue of limitations: Taylor Bean & Whitaker were my original mortgage "Note" holders and the FBI put them into force receivership when they raided their offices in 2012 and put several of the executive directors in jail for mortgage lending fraud. FreddieMac transferred my "Note" to Cenlar just 3 short weeks before the FBI raid. Cenlar as the second service provider and in the summer of 2015 FreddieMac assigned my note to Nationstar for Debt Collection. A final letter of denial for assistance from Nationstar was received on 01/25/2017. I immediately filed against them with this petition. Point 2: Plaintiff has failed to name all necessary parties. As I am not an attorney, i am not sure what other parties I should be filing against for "unconscionable contract" when Nationstar is the only "Note Holder." Am I supposed to be filing against Freddiemac too? Point 3: Plaintiffs complaint alleges damages that are the result of acts or omissions committed by non-parties to this action over whom the Defendant has no responsibility or control. This the big one. Does anyone have a legal precedent in Texas that I can reference that says that all responsibility lies with the current service provider and that the current service provider inherits all previous errors and omissions? Point 4: Plaintiff failed to state a legal basis for his claim. i thought I did this when i stated my claim is an "unconscionable contract." How do I respond to this? Angels are out there and I could really use one right now. Can anyone help with this? With humility, respect and overwhelming gratitude. Chris
  9. 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.
  10. 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 SOL applies to credit card debt? I requested proof of debt and received a copy of my original credit card application (no copy of a written contract from what I can see), but it appears my last payment was more than five years ago. Do the courts generally apply 516.110 or 516.120 to credit card debt in Missouri, and which would apply in my case if there is no written contract produced? Just wondering if litigation filed against me this week may be time barred or not. I'm planning to answer and include discovery requests with the answer requesting copies of all agreements, contracts, etc., and also a record of all payments, including the last payment made to the account. Thanks for your time. It seems confusing to me.
  11. 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 HELP IS SO APPRECIATED!!! Not sure if I can but I am going to try and attach actual letter. I live in RI and only used that last name while living married in Maine.
  12. 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 that this debt has passed the statute of limitations and that the clock started 7/9/11. How do I get rid of this company and avoid going to court? I would like them to stop harassing me. I found this letter in the information on this site and wondered if it would help to send to RW Financial. "Date Your Name Your Address City, State Zip Collection Agency Collection Agency Address City, State Zip Re: Acct # XXXX-XXXX-XXXX-XXXX To Whom It May Concern: I am continually being called on the telephone by your firm over an alleged (fill in the amount) debt. According to the information given to us by your firm, the date of last activity by the original creditor was (date). The State of Limitations on this alleged debt, even should it be ours, is X years in the state of (your state). Since the debt is out of the statute of limitations, and you are reporting this on my credit report, you are conducting collection activities on zombie debt. I'm sure you are aware of the provisions in the Fair Debt Collection Practices Act (FDCPA). However, I would like to point out that 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 that may be lawfully received by any debt collector for 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 Fair Credit Reporting Act as well as the FDCPA. However, I will give you the chance to prove that you are lawfully entitled to report this information by requesting an investigation. Under the FDCPA, I am also invoking my right to ask you to stop contacting me unless you can provide adequate validation of this alleged debt or notification that you are ceasing collections activities. Please remove this account immediately from my credit report or I will have to take legal remedies which may include lawsuits and notifying our state attorney general's office. In addition, I'm sure your legal staff will agree that non-compliance with this request could put your company in serious legal trouble with the FTC and other state or federal agencies. Under the FCRA and the FDCPA, each violation is subject to a $1,000 fine, payable to me. Sincerely, Your Signature" Thanks for all of your help.
  13. 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 sentence letters, taught by Coltfan. The debt disappeared. The request sent the credit report trade line into disputed status and it sat. After about 5 months, a letter detailing a few odds and ends about my account charge off date, my personal information, and a lowly account statement showed up. It was back on. Asset didn't seem to take too well to my dispute, and as such, I received a dunning letter from their attorneys at Fulton, Friedman and Gullace the same week I received their validation response. I had a consumer attorney send FFG a validation letter. And again, I waited. Using the attorney worked very well. FFG never responded to the validation request, instead sending the file back to Asset. What is interesting, however, is that when other posters from this site used the same validation letter (sans attorney letterhead), they were all sued. Perhaps FFG knew it was fruitless endeavor and a loser, but alas, I'll never find out. The offer letters came in. Settlement amounts starting at 45%, which then became 55%. Last months discount rose to 75%. This months offer stayed at 75%, but included the following language in the letter: "The law limits how long you can be sued on a debt. Because of the age of your debt, we will not sue you for it. If you do not pay the debt, me may continue to report it to the credit reporting agencies as unpaid." So there it is. Happy Statute of Limitations birthday to me. On Monday, I'm going to send them one last letter: Dear Asset, I refuse to pay, don't ever contact me again.
  14. 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!
  15. 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, plus I feel that they are at fault for charging me insurance when they knew damn well I was self employed. I just received by mail in my mailbox, a new court document. It is a "Challenge To Garnishment", and attached is the writ of garnishment that I never received before, and in that writ it states," A judgement was entered against the Debtor for the debt, or the debt otherwise became subject to garnishment, on January 8, 2011." I never got that set of paperwork either. The new requested amount is $42,242.47 The statute of limitations in the state of Oregon is 6 years. We are at 7 right now. What do I do? I am a single mom, full time student living on financial aid with no savings, nothing. I get $150 a month in child support for two teenage girls. Barely scraping by. What can they garnish? I don't have a job! Please help me, I am still going through a nasty divorce, and really don't need anymore court apperances, they are getting in the way of my education. Thank you!
  16. 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 purchased by them and the SOL was 12/2016. She finished by saying "we" could handle it one of two ways. Pay or be sued. My husband, sort of dazed and confused, said it wasn't his. I began to ask for more information and was hung up on. We continued to talk and my line was interrupted so I answered. It was the woman again. She says the debt is my husband's, he knows it and he's gonna pay and hangs up again. Needless to say, I'm now furious. However, I calm down, wait an hour before I call back to find the name of the company and speak to a manager. When I call, I ask for the name of the company. It's the same woman. I ask to speak to a manager. She says, " Your husband needs to grow a pair and stop hiding behind your dress." Excuse me? She replies, did I studder? And hangs up. I attempted with no success to do a reverse number look up. I would like to find out the name of the company (855-856-3778), whether there's any recourse for personal attack and more importantly, information to determine if it's possible the account is his. We have not received ANY communication regarding this matter prior to today and it's not showing on his CR. We live in GA. I apologize for the lengthy message but I really could use some advice on the best way to handle this.
  17. 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!
  18. 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.
  19. 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 with no luck. These seem to be current agreements. Any help would be greatly apprecaited. Thank you.
  20. 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?
  21. 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
  22. 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. First big issue: on the experian report under my personal information it says "also known as" and it is not my name, possible typo on someone end at the original creditor or during the transfer of information I have an account in collections with the improper name on my report. EOS CCA filed collection account for AT&T mobility for $900 You have to have the correct information to even have an account started in your name so Im not sure what to do. second: Multiple accounts in collections that are not mine: AFNI is reporting $297 for SPRINT as well as TRIDENT ASSET MANAGEMENT and NATIONAL RECOVERY reporting columbia house dvd $58 for different dates one in 2009 the other in 2010 and i have never had a columbia house dvd membership of any kind. I have two different agencies SW CRDT SYS and STELLAR REC reporting COMCAST debts for three different amounts and three different dates for consecutive months in a row. but each time that i have used the company i have closed out the accounts and paid them off to a 0 balance. SWIFT FNDS reporting a golds gym membership from 2009 for $202. third: FBCS is reporting EMCARE CENTER EMERGENCY PHYS $528 and I cannot find this company anywhere on the internet to get information to even have an idea of what this might be, ALLIED COLLECTION has two different accounts in collections for RADIOLOGY ASSOCIATES with multiple amounts: one has an original balance of $68 then current balance of $72 opened 10/25/10, the other report is an amount of $40 opened 4/1/2009 on top of that RADIOLOGY ASSOCIATES with the listed address on the report is no longer in business. I have no idea where or what these could be; does anyone else know? Lastly: AARGON AGNCY reporting $12,870 on behalf of RMI Management LLC. the original date opened is not provided but it does have the "last updated" date as 11/1/2008. I don't even know what to say about this one. Is this past the SOL since it is from 2008? Also, I believe that these would be racked up fees of some kind because I definitely did not borrow or get $12,870 worth of goods or services in any way shape or form. To make matters worse, when I asked the woman that called about the student loans where all the documents and notices had been sent as i have never one time received anything about these debts she told me that it was all being sent to an address in california that i have not lived at since 2004/2005. i have been constantly moving from one place to another and only now when i finally settled down and moved in with my fiancé do i have an actually address. I am really freaking out because we are about to get married and this bomb just exploded a few days ago. Clearly, I really need some freaking help. I do not know what to do at all and all of this is new to me and I just don't know where to start. I have been doing a ton of reading to become a little more knowledgable about credit and this whole process the past few days but I am just overwhelmed and do not know where to start. I was going to dispute the accounts that are obviously not mine as well as the ones that are out of business and the other ATT that is not in my name. HELP!!!!!!!!
  23. 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 with a limitation of 3 years. The statute of limitations would be expired in my current state of residency. Can Capital One sue me in my old state? I would like to know which corporate debt is referenced in the lawsuit. Do I give up any rights by contacting the clerk and asking for details? How much information if any should I give the clerk? Does anyone have settlement experience on a corporate account being settled personally by Capital One? What percentage and length of payments should I target? I'm leaning towards hiring a lawyer to represent me. When I do, do I hire a lawyer for the area where I'm being sued or from the area where I currently live and work? If I do need to hire an attorney, how is the best way to source one in the metro Atlanta area? I want a fighter. I could make settlement offers without an attorney.
  24. I've been sued by Unifund (attorney is Kenosian & Miele) for a credit card debt with the SOL set to expire in a couple of months. Have not been served but have been checking the Los Angeles County Superior Court web site. Another creditor from the same general time period sued, never served me, claimed they did, and we settled. After that experience, I began to go to the nearby branch court once a month or so to look up my name, and whenever I found a new lawsuit I would take a look at the file. Eventually another creditor tried to do the same thing. The clerk had laid the loose request for default on top of the summons and complaint already in the binder. I think the default clerk did the defaults only one day a week, or something. I answered the complaint before the default was actually issued and they eventually dismissed without prejudice before trial. After a recent court consolidation, all the civil cases of this type were moved a lot farther away, so I haven't been going in to check the actual files, so now I'm kind of paranoid that this law firm might do the same thing. How worried should I be about this? I live alone and am gone quite a bit, so personal service won't be easy for them, but it's easy to leave it on the porch when I'm gone and pretend I was there. I work from home so there's no job that would verify my presence or anything like that. When I'm gone, I'm out of town, so I would have travel receipts in the event I filed to quash service, which is pretty much all I would know to do after the fact. I don't want to answer without being served, since a couple of other creditors sued, never served, and later dismissed. In CA, if they file a POS and request for default, is there a short window during which an answer will still be accepted, or did I just get really lucky with that second suit? By any chance does anyone know how long it takes before they update their web site? Lastly, if this does happen, how long after a default judgment can they begin collection proceedings like bank account liens and such? I also received a notice in the mail from a law firm that claims to help with stuff like this and they had the case number, which was a first for me. Not that this matters, it was just surprising. Sorry for the length, thanks in advance for any insight. Almost forgot, one more issue. It's my understanding that if a creditor sues and then dismisses, the statute of limitations is unaffected. That is, if the date passes after the dismissal and they have not refiled or otherwise reactivated the suit, I would have an SOL defense. Thanks!