CarolinaBlueEyes Posted March 31, 2007 Report Share Posted March 31, 2007 It just keeps getting better and better.I had a JDB try to file a NAF claim for arb over a year and a half ago on an MBNA account.. the SOL ran in Feb... they started calling again after the SOL and my lawyer told them they were NOT within the SOL any longer.. their response was they filed a claim with ARB so it was still within that time frame. However it was never served (I just found out about this claim from 05 in Jan)My lawyer shot back with rule #10 for NAF that it was when the person was SERVED.. not filed... in short NAF needed proof of service.. filing date was moot. and to please respond.. OH boy did they....This morning an elderly man in jeans in a baseball cap knocked on the door... I thought he was a neighborhood workman.. I opened it up.. he hands me NAF papers and tells me to sign.. told him sorry.. no.. I had a lawyer handling this and he THREW them at my chest and said.. it was my problem now and to consider myself served..the JDB sent the SAME claim from 05.. not even the new one... (doesnt NAF have a 90 day rule??) and my favorite part was the back page.. where they ask me for my bank account.. job,.. real estate holdings.. etc.. because they wanted to resolve the case and this info would help.they are out of SOL, they filed over 90 days ago.. they KNOW I have legal counsel and were asked to respond to him. they never had proof of service for the first claim. WHAT is next??? Link to comment Share on other sites More sharing options...
Big Time Posted March 31, 2007 Report Share Posted March 31, 2007 Um, yeah. I'd say sue the bastards, and get a restarining order against them.Were you abale to get the license plate number of old man servers car? Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted March 31, 2007 Author Report Share Posted March 31, 2007 no.. I have a curved driveway.. didnt even see what he was driving.. didnt have on my glasses... it took me off guard to say the least. I dont usually expect to open my door and having senior citizens pummel documents at me besides he was some local hired gomer... Lowery is in CO.. they dont have an office here NOR do they (collect america, CACH LLC, ) have permits to do business in our state... I am accross the country in NC...thank goodness I have a great lawyer and another one who is helping out .. the biggest thing is they are OUT OF the SOL.. and the document they threw at me was over a year and a half old.. in a regular suit this may wash but for NAF it is the date the person is SERVED that counts. they are a more then a month out of SOL.. I just dont know what to expect next Link to comment Share on other sites More sharing options...
Recommended Posts