Jump to content

Mexican stand off- What should I do?


I hate EXP
 Share

Recommended Posts

Here's the situation

I have a out of statute debt that a collection attorny wants me to pay. It does not appear on my credit report and I also had the TL from the OC removed from my report. The 7 year statue is up next year. Like an Idiot I spoke to them on the phone a few months ago. I recorded the rep on the phone giving them my current address who also told me that at the time there was a judgment against me.This was a falsehood of course and they wanted me to settle. So basically they attempted to sue me at an old address in another city. The summons was never served. I sent a DV but I have not recieved a response. They have started calling again , so at this point I am content to not talk to them and am really just waiting to be sued at my current address. Any suggestions on how to proceed ? Wouldnt an attempt to collect on SOL debt in court , without responding to my DV be considered a violation assuming I raise the issue in court?

At this point i'm not sure if they will sue until they talk to me again , and I think if they do so it's a violation in my favor

Link to comment
Share on other sites

yeah , I pretty much pull my credit evey few days. Plus I got the notices where they were attempting to serve mailed to me. This was months ago when they were trying to serve me. I'm just suprised they havent since they know my correct address. And no it wasnt bold it was a complete falsehood, lie , bs, fabrication. I forgot they didnt attempt to sue until a few days after they told me there was a judgement

Link to comment
Share on other sites

Yes, Stupid & Bold.....I would still call the courthouse clerk in the jurisdiction of your prior address to be sure. Just because you didn't get properly served doesn't mean your weren't sued. If this was only a couple of months ago it could very well be that it just hasn't been reported as of yet.

Link to comment
Share on other sites

Well SOLC for a CC debt would either be 4 or 6 years in Georgia and you are passed both it looks like. Statute is not tolled for incomplete service either. ;)

Because the defendant was not properly served by the plaintiff, the statute of limitations continued to run even after the action was filed, and the statute of limitations expired without defendant being properly served.

Gamlins, Solicitors & Notaries v AE Roberts & Assocs., 254 Ga. App. 763, 564 SE 2d 29 (2002)

Link to comment
Share on other sites

Working under the assumption of a timely DV and OOS debt... I'd start answering their phone calls and recording them. Each time they call to collect is a violation of 1692g. Also their lies about there already being a judgment is a violation of 1692e. Once you feel you have enough violations from them, find an attorney to represent you and sue.

Your goal is an agreement where they pay the debt themselves out of their petty cash or whatever. At either rate they agree to no longer attempt collections, report, sell/assign the debt to another. I'm guessing if they pay the debt themselves that is a CYA for a 1099-C.

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.