Jump to content

Can a Credit Card Become a Written Agreement??


Chammie218
 Share

Recommended Posts

No. Credit cards are revolving debts. They are specifically defined in the Statute of Limitations as such with their own limits.

As for their letter, it is likely a violation in its own right. Unless you have been served to appear in court, they can't "ask for a judgment." They must first sue you before they can request a court to render a decision.

From the FDCPA:

§ 807. False or misleading representations [15 USC 1962e]

A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(2) The false representation of --

(A) the character, amount, or legal status of any debt;

(5) The threat to take any action that cannot legally be taken or that is not intended to be taken.

(13) The false representation or implication that documents are legal process.

Link to comment
Share on other sites

Recieved a letter from the CA that they are asking for a judgment against me.

I made my last payment on the Credit Card Dec of 2000, which would put it past the SOL.

Now they are calling it a Written Agreement with the SOL being 5 years instead of 4 years.

Can they do this??

They've purchased evidence of debt and are trying to proceed against you. This is a violation in itself! You can stop them!

Link to comment
Share on other sites

Thankyou soooo very much for the info.

Today I received another letter from them--stating "Plaintiff's Motion to Appear at Hearing Telephonically"

I do not know of any scheduled hearing. Everytime I get a letter from them, I send them the SOL letter, also have sent them the DV letter, have always taken a copy of the letters to the Court House, so I am sure someone would have notified me.

I have been thinking about taking my name from my husbands account and also our saving account--although there is not much money in either one, his social security and pay checks are automatically deposited and afraid they could try to take the money.

Link to comment
Share on other sites

Thankyou soooo very much for the info.

Today I received another letter from them--stating "Plaintiff's Motion to Appear at Hearing Telephonically"

What?? If that's not a blatant misrepresentation, I don't know what is. No one appears in court "telephonically". They're throwing legal jargon at you, pretending to have either sued you, or won a judgement against you, when they have done neither of those things apparently. Scare tactics. And illegal.

Link to comment
Share on other sites

Add another violation...

(9) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval.

Is there a Docket number on the "motion?" If so call the court where it was supposedly filed and ask them if a suit has been filed against you or not. Some collectors do file suit then deliberately send the summons to a wrong address to try and get a default on you. Check to be sure.

Link to comment
Share on other sites

I just called the court house to ask if there has been a hearing scheduled, I was told no.

The lady also told me that the last thing they received was "Plantiff's Motion for Summary Jedgment"

Unless the Court House has not recorded the Telephonically letter yet.

The judgement letter said that "Use of your account or the card by you means you accept the Agreement"

What kind of letter should I write back to them??

Link to comment
Share on other sites

If the court says they asked for summary judgment, then they DID sue you. You need to find out if the motion for summary judgment was granted. If it was, you need to file a motion with the court to have the judgment vacated for improper service of summons.

you have a right to appear in court to defend yourself. If the CA rigged it so that you wouldn't even know you were supposed to show up in order to get the judge to rule against you, they are not permitted to profit fromt hat deception. The motion to vacate removes the judgment if it is granted (and it should be). It does not prevent the CA from suing you again and properly serving notice on you, but it does remove the default.

If they sue you again, you need to submit the affirmative defense that the debt is past statute.

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.