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Have lots of questions about DV, SOL and judgement and I'm new to this. Please help!


blackstarr168
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I've been reading some posts and am slowly improving my score, but I have several questions and I hope someone can help me answer them.

I have several credit card debts from about the year 2000 that are past or almost past the SOL. Asset Acceptance picked up two accounts (Associates and Providian). I have one Equifax report from 2005 that shows the Asset TL and shows my Providian Account DOLA is 4/2000. My Associates DOLA shows as 6/2000.

1) How do I show proof that the SOL is expired? How do I get "written proof"? Can my 2005 credit report serve as written proof that SOL is expired?

2) I also have a judgement against me that was filed in 9/2001 by Associates. It is on my CR as a public record. How do I go about settling this debt? Should I pay this in full amount? How do I go about settling this? Also, do I pay the court? or Associates? or the CA that took over the Associates debt? By the way, I am showing two TL's on my CR, one from Associates (OC), and Asset (the CA). Is this legal?

3)I read somewhere on this forum that even though SOL expires, my debt can still be bought and sold and more CA's and junk debt collectors can keep trying to collect this debt. Do I need to send a Cease and Desist letter every single time it happens? Is there a way to get them off my back forever after SOL expires?

4) If my debt SOL expires and TL is deleted, can I still be sued? What can I do if I am sued without ever hearing from them (thus I am unable to defend myself)? Should I try and settle with the CA's for these debts, even though SOL has expired?

I've so many questions, but I'd appreciate any help. I am just trying my best to increase my score, but also to prevent anything terrible from happening by avoiding my debts, even though they are so old and SOL expired. Thanks for all your help!

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I've been reading some posts and am slowly improving my score, but I have several questions and I hope someone can help me answer them.

I have several credit card debts from about the year 2000 that are past or almost past the SOL. Asset Acceptance picked up two accounts (Associates and Providian). I have one Equifax report from 2005 that shows the Asset TL and shows my Providian Account DOLA is 4/2000. My Associates DOLA shows as 6/2000.

1) How do I show proof that the SOL is expired? How do I get "written proof"? Can my 2005 credit report serve as written proof that SOL is expired?

:confused:I don't see why you wouldn't be able to. Usually I buy the single copies from the CRA and they are alot more detailed. Those 3 in 1 are usually crap for showing information.

2) I also have a judgement against me that was filed in 9/2001 by Associates. It is on my CR as a public record. How do I go about settling this debt? Should I pay this in full amount? How do I go about settling this? Also, do I pay the court? or Associates? or the CA that took over the Associates debt? By the way, I am showing two TL's on my CR, one from Associates (OC), and Asset (the CA). Is this legal?

Does the OC show a Balance of 0? I would dispute both of these with the CRA.

I'm not 100% sure on this one.

3)I read somewhere on this forum that even though SOL expires, my debt can still be bought and sold and more CA's and junk debt collectors can keep trying to collect this debt. Do I need to send a Cease and Desist letter every single time it happens? Is there a way to get them off my back forever after SOL expires?

Yes send them each a letter. No, you can't ever get them off your back. They are allowed to collect on the debt forever. They just can't report you after 7.5 years.

4) If my debt SOL expires and TL is deleted, can I still be sued? What can I do if I am sued without ever hearing from them (thus I am unable to defend myself)? Should I try and settle with the CA's for these debts, even though SOL has expired?

Yes, you can still be sued but you have a good case...b/c it is out of SOL. I would NEVER settle with CA and especailly if it's out of SOL. They out be sh*t out of luck with me.

I've so many questions, but I'd appreciate any help. I am just trying my best to increase my score, but also to prevent anything terrible from happening by avoiding my debts, even though they are so old and SOL expired. Thanks for all your help!

Good luck!

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2) I also have a judgement against me that was filed in 9/2001 by Associates. It is on my CR as a public record. How do I go about settling this debt? Should I pay this in full amount? How do I go about settling this? Also, do I pay the court? or Associates? or the CA that took over the Associates debt? By the way, I am showing two TL's on my CR, one from Associates (OC), and Asset (the CA). Is this legal?

Does the OC show a Balance of 0? I would dispute both of these with the CRA.

I'm not 100% sure on this one.

You can dispute them both with the CRA to get them off but as for the judgment, since it was done within the SOL and you have no defense you're still responsible for the debt. You would have to make some kind of arrangement with the CA on settling the debt or they can just garnish you. Since they haven't yet and it's close to 7 years. I would say to just leave it alone, the judgment will fall off on its own next year. It will fall off 7 and a half years from filing date.

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"3)I read somewhere on this forum that even though SOL expires, my debt can still be bought and sold and more CA's and junk debt collectors can keep trying to collect this debt. Do I need to send a Cease and Desist letter every single time it happens? Is there a way to get them off my back forever after SOL expires?

Yes send them each a letter. No, you can't ever get them off your back. They are allowed to collect on the debt forever. They just can't report you after 7.5 years."

>> Can I settle with a CA for a very low sum (maybe 25%)? Will this lower my credit score if I settle? most of my TL's have already been deleted or no longer on my CR, but I would like to get them off my back forever somehow. If I settle for a low sum, will they still be able to sell my debt to another Junk Debt collector? Thanks for all your help.

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You can dispute them both with the CRA to get them off but as for the judgment, since it was done within the SOL and you have no defense you're still responsible for the debt. You would have to make some kind of arrangement with the CA on settling the debt or they can just garnish you. Since they haven't yet and it's close to 7 years. I would say to just leave it alone, the judgment will fall off on its own next year. It will fall off 7 and a half years from filing date.

Isis, if I want to pay the judgement, who do I pay to? THe OC, the CA that took over the debt or the court? Thanks.

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Quote:

Originally Posted by swirlgirl

Hi, I don't know what state you are in. You can do a quick search at the below link. It will tell you which courthouse to contact to get hardcopies of the court papers. After you click on your state, look at the left nd choose court records.

http://www.publicrecordcenter.com/

Thanks!

If this site doesn't work for you, I would suggest looking up the phone number for the Clerk of Courts in your city and they will tell you what to do. Usually this entails going down to the courthouse where the judgment was filed, checking out the file and either photocopying or writing down the information for the plaintif there. Usually you would send the payment to the plaintiff's attorney, will be listed in the file. Make a copy of the payment and send CRM request SIG. Once they are paid the attorney will file for a Satisfaction of Judgment and you'll receive a copy of it. DO NOT LOSE THIS PAPER. You then need to take that paper back to the courthouse and pay the Clerk's cashier. After all that is done then the judgment will be reflected as paid. Yeah, Yeah, I've had to do these too many times I know the process by heart. ;)

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>> Can I settle with a CA for a very low sum (maybe 25%)? Will this lower my credit score if I settle? most of my TL's have already been deleted or no longer on my CR, but I would like to get them off my back forever somehow. If I settle for a low sum, will they still be able to sell my debt to another Junk Debt collector?

Sometime you can even talk the settlement down way pass 25%. I would start at something low and leave a little wiggle room.

If you do settle with the OC make sure you get everything in writing. Some have been known to (Example: your bill is $1000 and you pay $200 to settle) They have been known to take the $800 and sell it to a JDB. Then you have a brand new collection for $800 + interest.

Also remember that if you settle they will update your tagline to show that. It is as bad as not paying. :confused:

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Sometime you can even talk the settlement down way pass 25%. I would start at something low and leave a little wiggle room.

If you do settle with the OC make sure you get everything in writing. Some have been known to (Example: your bill is $1000 and you pay $200 to settle) They have been known to take the $800 and sell it to a JDB. Then you have a brand new collection for $800 + interest.

Also remember that if you settle they will update your tagline to show that. It is as bad as not paying. :confused:

Is it better to settle with the CA who currently has my account, or the OC? Also, if I settle with the OC, how do I keep them the CA's from trying to collect? Do I just tell them that I settled with the OC? Thanks for all your help.

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