Jump to content

OHHH SOO Confused


Recommended Posts

I have a few questions.... Fiacne bought car . Was repo'd The OC is showing up 2 times. 1 says date opened 1/1997 date of status last reported 2/1997 type-Installment 24months -individual- cred. limit 4822 recent bal. NA Status-Paid never late-This account is sch. to continue on record till 2-2007

Then same name and acc. # date opened (2 dates here) 1/1997 7/2000 last reported 7/2000 7/2000 installment 24 months indiv. credit limit 4821 Staus Transferred- This account is scheduled to continue on record until 2010 Crediters statement- Account transferred to another lender.

Other lender is...

Asset Acceptance-Date opened 5/2000 Last reported 10/2000 Installment NA indiv. Credit Limit 4549 Recent balance 4944 Status Crediter can not locate indiv. 10/7/2000 to 12/11/2000 This account is scheduled to continue until 2/2005 This is on Experian CR

On his EQ it says

National Auto Credit-(OC) date opened 1/1/1997 Date reported 4/01/2001 Collection/chargeoff high Bal. 4821 condition-derogatory

Asset Acc. (dif. acc. # then OC) Date opened 5/01/2000 condition-open Type -collection Date reported 2/01/2003- orig. bal 4549 Balance 6431

I am seeing a lot of bad stuff about Asset.

1- I am almost afraid to send them a d/v letter as even though we disputed with CRA we have yet to hear from Asset.

2-We can not afford a judgement with garnish wages ect...

3-Can they add that much to account?

4-Does anyone know if they are good at validating????

I am in Ohio. This account defaulted in 1997-So if they validate this means they have 20 yrs to collect? Can they file a judgement after 6 yrs? Help???? I am confused

Link to comment
Share on other sites

Is this collection agency bothering you at this time on paying this account?

You are not in a good position to be openly disputing this with the CRAs - since the SOL (legal time) for them to collect on the debt is 15 years for Ohio can check the link for statute of limitations above to see what I mean on this.

It is at any point in this 15 year period that they can file a judgment against you. Here is the really bad news the SOL for a judgment in Ohio is 21 years with 12% added interest.

Meaning that you could at the max have any where from 15 to 36 year window for them to be hunting you down on this debt. This is not the period of time for reporting; but a judgment does stay on the credit report 7 years from the file date.

If 1997 is the time when the debt went delinquent that means you have until 2012 for them to try and file a judgement against you. Once past this date you will be home free.

I really don't know what confort to offer you on this deal - disputing should not even be an option here - if you don't have the means to pay this debt - what ever you do, don't wake up this collection agency!!!

Would definitely cease on all plans of attack for this account, reporting is not your biggest problem here, the SOL is.

[Edit by kb9tbq 72 on [TIME]1055992699[/TIME]]

Link to comment
Share on other sites

Thank you very much. Will leave them alone now. I did dispute it with CRAs and it verified with them. But we have not heard from actual CA. If they decide to sent us a letter. Any letter. How should I answer it? He is an over the road truck driver so he is never here. And his name is the most common name I have ever heard. So finding him is kind of hard. His occupation is not listed on CR and he resides in Ohio but works out of another state. We are not married and he is not on my lease so what if I get a letter and put return to sender does not live here??? OHHHH I am learning to be shystie (sp?) lol

Link to comment
Share on other sites

1st of all, contact the court house / states attorney - and ask them specifically:

In Ohio when a creditor files judgement, what is proper notice requeired for being served?

Here is a link with LadynRed explaining various means of service for you to understand this part better & its importance:

http://www.debt-consolidation-credit-repair-service.com/cgi-local/cutecast/cutecast.pl?session=Th26svOEcuAhkFZUav1LDn2O0N&action=&forum=21&thread=7374&user=&query=&msgid=&page=1&sort=&do=&key=&others=

Reason I say this, is that you might just end up accepting a service for judgement / and it being acceptable without you realizing it. So you want to watch out what it is that you do on this part.

Link to comment
Share on other sites

A summons may be served by personal delivery of a copy of the summons and of the complaint to the person to be served. Service of a summons in this manner is deemed complete at the time of such delivery. The date upon which personal delivery is made shall be entered on or affixed to the face of the copy of the summons at the time of its delivery. However, service of a summons without such date shall be valid and effective.

IF I PUT RETURN TO SENDER THEN IT IS UNDELIVERABLE ISN'T IT?,

a summons may be served by leaving a copy of the summons and of the complaint during usual office hours in his or her office with the person who is apparently in charge thereof,

HE DOES NOT SIGN IN ANTWHERE SO THE THE OFFICE COULD ONLY SEND TO HIM BY MAIL

there was more about property ect.... I have a hard time reading this stuff. For some reason does not sink into my head right.

But if there is NO initial letters from them (which we have not received) can they file judgement? It says on CR that last attempt they could not locate. So can they file judgement if they can not locate? I alway look at return addresses when I open mail. So I am still stuck on "return to sender" Has anyone here had a judgement from asset acceptance????????

THANKS

Thanks

Link to comment
Share on other sites

I am not to sure on these things - LadynRed can fill in the details better - on my part it would just be a guess.

I would think that if the post office considers this to be his mailing address the creditor might be able to argue this, not totally sure though.

Reason I say this, is because I have seen other people show up in here; after the fact of a judgement having been filed and saying them selves that they never personally seen or signed for the summons - so there might be a problem here we just don't completely understand. But I know it to be important part of things - especially finding loop holes to get out of filed judgements.

[Edit by kb9tbq 72 on [TIME]1056029166[/TIME]]

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.