najere21 Posted March 28, 2007 Report Share Posted March 28, 2007 I have just received a summons from Erin capital management. They are suing on a credit card account that was charged off. Should I try to settle the account before it goes to court? Date of last payment was 10/2003 date closed was 03/2004 activity states transfer/sold/paid. original creditor was HSBC NV Link to comment Share on other sites More sharing options...
qtptute Posted March 28, 2007 Report Share Posted March 28, 2007 It's too late. Answer the summons. Make them prove that they actually own the debt (chances are that they don't actually own it, chances are also that they have added fees and charges that aren't owed either; then why would you pay someone who says that you owe them money, when you don't owe them a penny, but only to the OC?) Link to comment Share on other sites More sharing options...
Tony Montana Posted March 28, 2007 Report Share Posted March 28, 2007 Don't worry; I was sued by a Law firm representing First select as the OC.Make sure to show up to court. If you don't you will automatically loose. When they see you show up at the hearing they will more than likely drop the complaint. Chances are that they do not have proof to win and they do not want to tie up their "lawyers" in court since they make enough money with people that don't show up.Good luckTony Montana..."say hello to my little friend" Link to comment Share on other sites More sharing options...
Methuss Posted March 28, 2007 Report Share Posted March 28, 2007 Statute of limitation in PA is 6 years from the date of last payment. Technically they have ability sue you until 10/2009. They may withdraw this complaint if they don't have everything ready, but they can just refile it again and again until October '09 and hope you screw up and miss a court appearance.Until the SoL expires you will have a hard time getting a dismissal with prejudice (a permanent dismissal) from a judge. Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted March 29, 2007 Report Share Posted March 29, 2007 Don't worry; I was sued by a Law firm representing First select as the OC.Make sure to show up to court. If you don't you will automatically loose. When they see you show up at the hearing they will more than likely drop the complaint. Chances are that they do not have proof to win and they do not want to tie up their "lawyers" in court since they make enough money with people that don't show up.Good luckTony Montana..."say hello to my little friend"just curious.. where do you get they will "drop the case if you show up".. I have never known that to happen... they may NOT show.. unlikely though if its farmed out.. but to say.. "oh joe is here.. lets drop this".. never happened in my cases... Link to comment Share on other sites More sharing options...
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