driver26girl

Need Help with Unifund in NC

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I am being sued by Unifund. Just recieved the summons on Wednesday of last week but I have already filed my answers with the clerk of court. The SoL has run out. They are suing me for a citibank account that was opened in 1998. Checked my credit report and it states that the account with Unifund was opened in NOV 2005. In my answer I referred to the SoL and that time had been too long for me to have any documents to bring to my defense. Should I wait on a reply from the lawyer that is handling their case to respond? Should I file a complaint with the state attorney general?.........need advise please.....any info that might help would be appreciated. The amount they are asking for is over 16,000 and the last statement I can remember getting was for around 11,000.

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Unifund is commonly refered to as "Uniscum". They are the lowest of the bottom feeder JDBs and have most likley purchased your out of SOL account from Citi for pennies on the dollar.

I am not an attorney. I have dealt with Unifund and have found them to be lawsuit happy and they usually blanket a specific area with lawsuits at different times. I guess they go fishing for people who easily scare and cave to their strong arm tactics.

It appears that you are on top of the situation. Do they appear on your CRAs? If so, did you dispute/DV? Did they pull your reports? Did you notice any address changes on your reports after they did pull? They have been known to do this so as to show an old address as current for service.

Good luck and keep us updated. Your affirmative defense is obviously SOL.

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I did file a dispute with the Big 3 CRAs but what I worry about is not having any documents from Uniscum. I don't know mush about how the court system works either........will a judge review my answers or what?

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In NC our SOL law has teeth.. so if you are out of SOL use that as your affirmative defense.. you can not sue on a time barred debt in our state... they tried that with me as did NCO and both times the case was dropped.

they never send a dunning letter or phone call and they got their license in NC last year.. my lawyer now has over 20 of their cases they are sweeping the area pretty well

Also if you do call the NC AG's office do NOT deal with the consumer division.. they are a confused lot.. call David Evers. he is head of credit card division and maybe able to assist you.. if you get his voice mail he is GREAT about calling back.....he was a help to me in dealing with NCO... and just an FYI they are known for changing dates... check out budhibbs.com and see what his site says about them and the changing of dates.. they are pretty slimey

btw how far out of the SOL are you? last payment or DOLA?

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The original account was opened in 1998 and last activity was in 2003. They have also changed the account number.

Are you saying that you made a payment in 2003, or is that the DOLA shown on your credit report?

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Unifund purchases bad debt portfolios and after they do they cull the list of accounts and go after who they can. They typically will not bother going after accounts out of SOL or consumers who appear overly defensive. The reason being, they have so many other accounts to go after. If you've been summonsed by Unifund, you are probably within the SOL period somehow perhaps having made a recent payment or they think you did. It's unfortunately they exist and their prey goes to funding jet airplanes, luxury homes and cars, and who knows what else in the end for their investors, lawyers and not to mention David Rosenburg himself.

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When did you pay it in 2003? or (DOLA) and of course NASCAR is right.. (no one knows more about NC law or statutes!).... but we need a date.. don't worry right now about them changing the date.. they do that all the time...

In one of my cases they also changed the date but when push came to shove they dropped it because they knew it was out of SOL , they admitted it over the phone (dont call them! ) :)

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Date of last payment was 7/30/03. Any advise on what to do now besides contacting David Evers?

It is a violation of North Carolina Statutes to seek acknowledgement of a debt time-barred by the statute of limitations.

An attorney licensed to practice law in the State of North Carolina is subject to and bound by Rules of Professional Conduct. In North Carolina State Bar v. Graves, 274 S.E.2d 396 (1981), the court held that "concealment of material facts ... is prejudicial to the administration of justice. ... Such conduct raises serious doubts as to the attorney's desire to bring about a just result in such a prosecution and adversely reflects on the attorney's fitness to practice law."

If the attorney for Unifund is aware that he is pursuing an action on a time-barred debt and fails to disclose that information or proceeds in spite of that knowledge, he is guilty of misconduct. Unifund and their attorneys often pursue these kinds of debts, then claim excuseable error when they are caught. There is much caselaw out there specific to Unifund where their error claim was not accepted by the court. These guys know exactly what they are doing.

File a complaint with the NC State Bar against this attorney for misconduct as described above. Also inform the court of the same.

On top of that, file a complaint with NCDOI against Unifund for NC Statute violations. You can download a complaint form on the NCDOI website.

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:LolPointUp:

One of the Reasons I love NASCAR (and not the race)

It is illegal in our state as he said.. David Evers will tell you the same thing.... this is an affirmative defense... and you have the statute to prove it.. make them aware that YOU know about it.. i am betting they don't.. and file a complaint with the AG's office as well.

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I'm surprised there's no class action yet. NC has some very good (read: profitable) laws for this type of thing. Unifund is knowingly filing suits on time barred debts because they know 95% will default, 4% will show up and try to work out a payment plan and 1% will try to fight it.

I guess they did the cost-benefit and realized they could make a killing before they are caught and have to pay.

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I'm surprised there's no class action yet. NC has some very good (read: profitable) laws for this type of thing. Unifund is knowingly filing suits on time barred debts because they know 95% will default, 4% will show up and try to work out a payment plan and 1% will try to fight it.

I guess they did the cost-benefit and realized they could make a killing before they are caught and have to pay.

I totally agree with that..

Maybe part of that reason is they have not even been licensed here two years.... a good friend of mine was dragged into court on a debt... she said that day there were some twenty odd cases and nearly 90% of these were Unifund.. she was the ONLY one that showed up for her case.. so I guess they figure they are in default heaven , now in NC you can't garnish so I guess Unifund figures its fair game.. they tried to sue me three times.. one I worked out a 50% settlement , one was pending in the court for so long my lawyer wanted to throttle them.. and the last one was OUT of SOL (NCO is now hitting this area as well) and as soon as they were hit with that they left me alone... but if people don't show, even t hough you can't garnish or go for most homes depending on exemptions and if you have a spouse on the debt.... its free money from the bank account...

NC is pretty good on some of this stuff.. for example those Check and Go places that give you fast money are no longer allowed in our state... so they do keep an eye on this , my laywer has talked about a class action on Unifund.. she has a ton of those cases in her office... OH and FYI if they nail you once here in NC.. they will try it again.. as I said three times for me.

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