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Received Collection Letter at my Mom's House.


Boldruler75
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Hi All. I just joined and this site looks great.

My deal. I have two credit cards accounts in collections. One has been 3 and half years since I did anything and one was 2 and a half years. The statute of limitations in my state is 4 years. I do not know which account this collections letter is for.

My question is, what should I do? Since I onlt have 6 months to go on the one account before the SoL is up, should I do nothing? They don't know my current address or phone number.

Any advide would be appreciated!

B in VT

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The letter should reference which account it is. Were your limits the same, or different? This will help you?

As to the SOL, yes, you could hopefully wait it out and go from there, but, sometimes this can come back and bite hard. If this is the first letter and offers the 30 day validation, it would be in your best interest to send this CA a DV letter. This way you are also buying some time until the SOL passes. Then, it is a different story which will be addressed at that time. Do remember that if this debt is the other one, you need to get it handled before they do something harsh, such as sue you.

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Hide ... Do not answer the phone. If you do happen to call em do so on a phone from another city or something . The have to serve you in the county that you reside in. If you can duck em until the sol is over ( and you're sure) immediatly send a dv disputing the debt. If they are stupid enough to mess with you after sol then sue. I must warn you they will attempt every trick in the book to locate you before the sol is up . DO NOT GIVE UP YOUR ADDRESS. Do not apply for new credit , get new accounts ect. make sure they have not attempted to change the dates on your report in an attempt to extent the sol , This is illegal

If they can not locate you the only options they have are to attempt to deliver the summons into the hands of someone responsible for your mail. If there is anyone like this they must refuse and not know where to locate you. the other option they have would be service by publication . They can put an ad in the paper and mail a copy of the summons to you , so watch the mail. Hopefully they have to go though the sheriff's department and not a private process server.

Nothing in the legal process starts until you are actually served .

In most states if they can not serve you within 120 days of filing the summons is voided for failure to serve

If they file suit they will use what they believe to be the last known good address to serve. No one at your moms place should except summons period .

Look up your states rules of civil procedure and on the summons and server process

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One thing you have to be careful with is that in some states all they have to do is send the summons in an envelope to the last known address to prove service, even if the server could not find you. In some states, they do both anyway. PLUS, if they can prove you were hiding, you have even bigger problems. Some CA's have used this method in the past for the sole purpose of obtaining a default judgment. And, yes, the one who bragged of this at the CA's website got nailed hard by his fellow CA's.

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