Zero_Infinity Posted September 2, 2004 Report Share Posted September 2, 2004 I got a default judgement a few years ago & I was not served at all. I'm wondering how can I avoid this in the future. I have a CA that states that I have 10 days to respond or they "can" sue me. How do I make sure that I'm served if they do sue? Link to comment Share on other sites More sharing options...
DocDon Posted September 2, 2004 Report Share Posted September 2, 2004 A CA cannot sue you - the OC has to (which means they have to hire an attorney).It is a violation of the FDCPA for a CA to threaten action they cannot or do not intend to take.I would stand up to them right now and notify them in writing that they are in violation of the FDCPA:§ 807. False or misleading representations (5) The threat to take any action that cannot legally be taken or that is not intended to be taken. Did they notify you of your right to validation? Link to comment Share on other sites More sharing options...
Zero_Infinity Posted September 2, 2004 Author Report Share Posted September 2, 2004 I have not DV'd them yet...do you think I should do so?The letter is titled in large bold print "Final Notice" Before Suit. It has MBNA listed as the OC & that the OC is who I owe. It then states that "unless I remit to CA within 10 days of this demand, suit may be brought for the total amount with interest..."It then has some thing at the bottom titled "Certified Statement of Account". The above creditor hereby certifies that he has examined the matter in the above mentioned claim & has found the account to be true & correct to the best of his knowledge & belief.Again, should I just DV them, they have been really pressing me, but the debt is past the SOL. Last date of activity was 10/2000 & I'm in NC. Any help would be great. Link to comment Share on other sites More sharing options...
DocDon Posted September 2, 2004 Report Share Posted September 2, 2004 The debt doesn't look like it's past SOL. I see NC with a 4-year SOL, which would make this October the expiration date.Who is the CA on this? If they violated the FDCPA, a DV is not the route you want to go. Filing complaints against them with the proper government agencies (FTC, their state AG's office) is the way to go, as is suing them for their violations. Link to comment Share on other sites More sharing options...
Zero_Infinity Posted September 3, 2004 Author Report Share Posted September 3, 2004 I thought we decided that the SOL in NC is 3 years.http://debt-consolidation-credit-repair-service.com/phpBB2/viewtopic.php?t=18284&postdays=0&postorder=asc&start=0Also, LadynRed says its 3 years here:http://debt-consolidation-credit-repair-service.com/phpBB2/viewtopic.php?t=19616The CA is USR Group.Are you saying the letter they just sent me is a violation, or just to watch for violations. I guess I'll have to go to court soon about it at any rate. Link to comment Share on other sites More sharing options...
DocDon Posted September 3, 2004 Report Share Posted September 3, 2004 Yeh, I just did a quick search on the SOL link above. Guess we need to look into the information contained in that link.Thanks Zero_Infinity! Link to comment Share on other sites More sharing options...
Zero_Infinity Posted September 3, 2004 Author Report Share Posted September 3, 2004 So, do you think they will try to sue, or are they just bluffing? Link to comment Share on other sites More sharing options...
DocDon Posted September 3, 2004 Report Share Posted September 3, 2004 I think you should respond to their letter (in writing of course) and tell them the AG's office will be in touch with them shortly regarding their threat. Link to comment Share on other sites More sharing options...
Zero_Infinity Posted September 4, 2004 Author Report Share Posted September 4, 2004 Wow Thx, DocDon. So, you are saying that since the debt is past the SOL then the threat to sue is in violation? Link to comment Share on other sites More sharing options...
gdouglaslee Posted September 5, 2004 Report Share Posted September 5, 2004 There's some reason to be concerned. Is this the initial communication? If it is, then it is a violation to demand payment within 10 days.The courts have ruled that the use of the phrases "Final Demand" or "Final Notice" etc and continued collection activity is a violation. Any phone calls or letters you receive from this point on are violations of the FDCPA. The SOL is 3 years in NC regardless of the type of card (bank or store). This is not MBNA's MO. If MBNA wants to sue they hire an attorney and sue. They do not sue through CAs. I have to wonder if the CA isn't actually a JDB who purchased the debt.CAs can sue but only if the assignment agreement between the OC and the CA specifically states that they have the authority to act on the behalf of the OC in legal matters regarding the debt. It would help tremendously if you would get a tri-merge report on-line and see what's going on. You should also check on their location and if they are licensed/bonded in NC. Link to comment Share on other sites More sharing options...
Zero_Infinity Posted September 6, 2004 Author Report Share Posted September 6, 2004 Ok, well I'm not a hopeless case here. Just new to this whole thing.Now, what exactly is going on here? If the SOL is expired, then what should I be doing?I've got my EX CR with the MBNA TL that states 10-2000 as when it went 30-days past due. If I get sued, do I just take this to court with a copy of the NC SOL?My plan as of now is to wait & if they contact me again, then send them an ITS. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted September 8, 2004 Report Share Posted September 8, 2004 Call your local bar assn. They have a lawyer referral program, no doubt. Call one from teh list and get an asnwer about theSOL. Then I'd lay low, collect their letters, wait til the SOL expires, then come out blasting: BBB, AG, FTC, and maybe a little suit of your own.To answer your original question, they have your correct address, right? If so, a process server will be able to find you. Link to comment Share on other sites More sharing options...
Zero_Infinity Posted September 14, 2004 Author Report Share Posted September 14, 2004 There's some reason to be concerned. Is this the initial communication? If it is, then it is a violation to demand payment within 10 days.The courts have ruled that the use of the phrases "Final Demand" or "Final Notice" etc and continued collection activity is a violation. Any phone calls or letters you receive from this point on are violations of the FDCPA. The SOL is 3 years in NC regardless of the type of card (bank or store). This is not MBNA's MO. If MBNA wants to sue they hire an attorney and sue. They do not sue through CAs. I have to wonder if the CA isn't actually a JDB who purchased the debt.CAs can sue but only if the assignment agreement between the OC and the CA specifically states that they have the authority to act on the behalf of the OC in legal matters regarding the debt. It would help tremendously if you would get a tri-merge report on-line and see what's going on. You should also check on their location and if they are licensed/bonded in NC.Ok...they just called me & left a voice message stating:We understand that you have been working with one of our representatives on this matter & we will offer you a very reasonable settlement if you call us by 5:00 pm today.What is the exact section they are violating in the FDCPA (since this is after the Final Notice), so I can send an ITS? Should I also file complaint with the AG? Link to comment Share on other sites More sharing options...
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