JETTNINO Posted August 7, 2007 Report Share Posted August 7, 2007 Hello Everyone!!I hope someone can give me some direction on how to proceed in this matter;I have been served by a collection agency in their attempt to collect a credit card debt, for which the statute of limitations has expired. I have filed the notice of "Intent to defend", citing the reason for defense, the statute of limitations. I have contacted the original creditor and they have refused to provide me with the date of last delinquency saying that they no longer own the account, and transferred me to the collection agency that owns the account. At that point I hung up. What can I do about this whole situation.I read that if the original creditor refuses to give me the information, I could then file a "Small Claim Subpoena for Personal Appearance and Production of Documents and Things at Trials or Hearing and Declaration"..Some one please advice me, please!!I Link to comment Share on other sites More sharing options...
TearItUp Posted August 7, 2007 Report Share Posted August 7, 2007 Do you have a copy of your EQ CR? You might check to see if there is a date for DOLP. Someone correct me if I'm wrong, but the DOFD should be the DOLP + 30 days.Did you also DV the CA? Link to comment Share on other sites More sharing options...
JETTNINO Posted August 7, 2007 Author Report Share Posted August 7, 2007 Yes, have all 3 copies, but only one lists the date of last payment. And that was 06/04...Excuse me if i seem ignorant to the subject, I am trying to understand. What do you mean, if I DV the Collection Agency? Link to comment Share on other sites More sharing options...
TearItUp Posted August 7, 2007 Report Share Posted August 7, 2007 No worries...I'm new here too.DV = Debt Validationhttp://www.creditinfocenter.com/rebuild/debt_validation.shtml Link to comment Share on other sites More sharing options...
JETTNINO Posted August 7, 2007 Author Report Share Posted August 7, 2007 Ty. Link to comment Share on other sites More sharing options...
bigjohnstud4200 Posted August 7, 2007 Report Share Posted August 7, 2007 when was the suit filed? if it was prior to 7/07 you might not have a "time barred" defense. When you stopped paying, were you already behind? The SOL starts on the DOFD (Date of First Delinquency). If you payments are due on the 1st of the month and you miss jan 1's payment, the DOFD would be Feb 1. If you continued to not make your payments for six months then made a small payment the DOFD does NOT change. In order for the DOFD to change, you must have made a payment large enough to bring the account out of delinquency. Link to comment Share on other sites More sharing options...
JETTNINO Posted August 7, 2007 Author Report Share Posted August 7, 2007 Thanks for your reply.The suit was filed on 06/22/07 and I was served by 07/15/07.. Today I responded with a notice to defend citing the statute of limitations.Yes, I was behind when I stopped payments. Then I consolidated and made two payments through a credit counseling company. According to my Credit report, the last payment was made 06/2004. Link to comment Share on other sites More sharing options...
bigjohnstud4200 Posted August 7, 2007 Report Share Posted August 7, 2007 Thanks for your reply.The suit was filed on 06/22/07 and I was served by 07/15/07.. Today I responded with a notice to defend citing the statute of limitations.Yes, I was behind when I stopped payments. Then I consolidated and made two payments through a credit counseling company. According to my Credit report, the last payment was made 06/2004.Mmmm. The consolidation might get you if the agreement was to bring you out of default and then pay the consolidation. If that is the case, you are probably within the SOL. Do you know if the CA owns the account now or are they collecting for the OC? IMO, I would attach the chain of title. Did they provide anything with the summons like an affidavit claiming the amount you owe, etc? Link to comment Share on other sites More sharing options...
JETTNINO Posted August 8, 2007 Author Report Share Posted August 8, 2007 Yes, The collection Agency owns the Account (Unifund). And is listed in the summons as CACH, LLC in Denver, CO. The Summons does include an affidavit of debt. It also indicates that the account was charged off on 11/30/04.I am not familiar with (IMO, and Chain of Title); also, can I still subpoena the Original creditor for the date of last payment.? Link to comment Share on other sites More sharing options...
bigjohnstud4200 Posted August 8, 2007 Report Share Posted August 8, 2007 Yes, The collection Agency owns the Account (Unifund). And is listed in the summons as CACH, LLC in Denver, CO. The Summons does include an affidavit of debt. It also indicates that the account was charged off on 11/30/04.I am not familiar with (IMO, and Chain of Title); also, can I still subpoena the Original creditor for the date of last payment.?IMO = in my opinionChain of titlte = The collector must prove they own the debt by providing documentation, if you challenge it. If the affidavit is from Collection Agency and not the OC, that is HEARSAY! You must challenge it as the CA has no direct knowledge of the debt. IMO, I would not supoena the OC, I would just challenge the Plaintiff's claims as they are the ones that must prove you owe the debt. If you someone from the OC comes and then claims the debt is valid then you will likely lose. Challenge the defends DOFD (date of first delinquency) which is what determines when a debt is "time barred" from court. They have to prove it's within the SOL. Link to comment Share on other sites More sharing options...
JETTNINO Posted August 8, 2007 Author Report Share Posted August 8, 2007 Thanks for your time and advice. How do I challenge the CA?. Through the subpoena? Link to comment Share on other sites More sharing options...
bigjohnstud4200 Posted August 8, 2007 Report Share Posted August 8, 2007 It depens on the rules for your state, but when they served you were you required to send an answer? If not, what will likely happen is that you'll appear and the judge will ask you if you admit or deny the claim. If you deny it he will order a new court date and you can ask for a bill of particulars. You will be ordered to then file a defense also. When you get the bill of particulars, you'll need to attack the claims they specify. Link to comment Share on other sites More sharing options...
JETTNINO Posted August 10, 2007 Author Report Share Posted August 10, 2007 Ty for replying , ..again. Many thanks!!Since I am not quite familiar with the forum I was unable to retrieve your reply, until now.No, I was not required to send an answer, except for the "Intent to defend" notice, which I filed and stated my defense as the Statute of limitations.I did this because in one of my CR the account last payment is reflected as 06/2004 (3 years to date).I am really getting scared now.Once in court, should I admit the debt or deny it? I owed the original creditor, not the CA, is that fair to say?What is the bill of particulars?Excuse my ignorance, I just don't know anything about credit related and legal issues.thanks in advance..J Link to comment Share on other sites More sharing options...
bigjohnstud4200 Posted August 10, 2007 Report Share Posted August 10, 2007 Ty for replying , ..again. Many thanks!!Since I am not quite familiar with the forum I was unable to retrieve your reply, until now.No, I was not required to send an answer, except for the "Intent to defend" notice, which I filed and stated my defense as the Statute of limitations.I did this because in one of my CR the account last payment is reflected as 06/2004 (3 years to date).I am really getting scared now.Once in court, should I admit the debt or deny it? I owed the original creditor, not the CA, is that fair to say?What is the bill of particulars?Excuse my ignorance, I just don't know anything about credit related and legal issues.thanks in advance..JDo a search for "being sued" or "answering a complaint". You will find lots of examples on how others have replied to a suit. There are lots of defenses that you can use. IMO, I would deny the claim since it appears the CA has no first hand knowledge of the debt and is all hearsay, unless they can prove a debt. Make them work for it. In all likely hood, they are waiting on a default judgment since 95% of people that get sued don't reply. If you put up a fight, they may go away. Link to comment Share on other sites More sharing options...
JETTNINO Posted August 10, 2007 Author Report Share Posted August 10, 2007 Ty, so very much. I will follow your advice and will keep you posted.Many, many thanks.J Link to comment Share on other sites More sharing options...
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