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Lawyer's Calling I am be summoned for 9yr debt


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I just got off the phone with an attorney's office who left me a msg saying their call was in regards to a possible summons with the LA County Sheriffs office. Like an idiot I called them back thinking I had some misapplied outstanding traffic ticket and I wanted to get to the bottom of it.

Turns out they were calling to tell me that I am about to be served with a summons for an old providian debt for 2k. I said what??? It's been a while since I read these boards so, also like an idiot I told her I believe I may have had an account with Providian in 96 or 97 and I am certain that anything that had to do with that account would be over the SOL.

She informed me that the SOL for judgements in the state of California is 10yrs. I don't even know what that means.... Then in my final idiotic move of the morning I told her to fax me over her paperwork and I would take a look at it. It was only after I hung up the phone I realized I just now gave her access to my home address by giving her my fax #.

To say I was completely blind sighted and ill prepared for this phone call would clearly be an understatement. So what do I do now??? I have a copy of my old credit report that shows this account was opened in 99 and went to Collections in Jan 2001, oddly it shows 30days Jan 2001 and right next to that it it says Aug 2000. I don't recall when the last payment was made. I think 2000 is probably more likely than 2001 since on the cr is was due to drop off in 07. Either way 01 would definitely be the last activity they had with me. Bye the way this account went through numerous CA and was relisted countless times. It only fell off my report when I DV the the CRA last year.

I am so frustrated by this because my finances are finally back on track I have a little bit of $$ in the bank and now these people are crawling out from under a rock 8yrs later. Any input would be greatly appreciated I have never had to deal with anything like this before. And it is very important to me that this does not affect my current situation since my DH and I are months away from buying our 1st home.

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First, relax. Take some deep breaths.

Second, are you sure it was an attorney's office? This "possible summons with the LA County Sheriffs office" sounds like bull-, er, bovine excrement to me, the typical stuff a (non-lawyer) Collection Agency will say to scare you into calling them - and it worked.

Third, another reason I doubt this is accurate is that if the account has been in default since 2001, the 4 year SOL for California has expired. If they were stupid enough to file a lawsuit, it gets defeated easily by an expired SOL defense.

The stuff about "judgements in the state of California is 10yrs." implies that they have filed suit, won the case, and been awarded a judgment. This may be just more deception on their part. Even if all this is true, it just means your next step is to move to file for the judgment to be vacated on the grounds that you were never properly served.

Don't worry about them having your address or fax number. They need your address to communicate with you - and I'm pretty sure this will all end well for you. Most likely this is nothing more than a collector trying to get you to pay on a debt where the SOL has expired.

What to do: Write down everything you can remember about the phone call, specifically what they said. Some of what they said smacks of misrepresenting the status of the debt - a violation of the FDCPA. Next, examine what they send: the must tell you in writing how much you allegedly owe, who you owe it to, and it must inform you of your rights to dispute and request validation. If any of those things are missing - more violations on their part. And by the way, they must send this information within 5 days of your phone conversation; faxing is probably an acceptable alternative to them mailing it.

Good luck. Keep us posted.

DH

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I just got off the phone with an attorney's office who left me a msg saying their call was in regards to a possible summons with the LA County Sheriffs office. Like an idiot I called them back thinking I had some misapplied outstanding traffic ticket and I wanted to get to the bottom of it.

Turns out they were calling to tell me that I am about to be served with a summons for an old providian debt for 2k. I said what??? It's been a while since I read these boards so, also like an idiot I told her I believe I may have had an account with Providian in 96 or 97 and I am certain that anything that had to do with that account would be over the SOL.

She informed me that the SOL for judgements in the state of California is 10yrs. I don't even know what that means.... Then in my final idiotic move of the morning I told her to fax me over her paperwork and I would take a look at it. It was only after I hung up the phone I realized I just now gave her access to my home address by giving her my fax #.

To say I was completely blind sighted and ill prepared for this phone call would clearly be an understatement. So what do I do now??? I have a copy of my old credit report that shows this account was opened in 99 and went to Collections in Jan 2001, oddly it shows 30days Jan 2001 and right next to that it it says Aug 2000. I don't recall when the last payment was made. I think 2000 is probably more likely than 2001 since on the cr is was due to drop off in 07. Either way 01 would definitely be the last activity they had with me. Bye the way this account went through numerous CA and was relisted countless times. It only fell off my report when I DV the the CRA last year.

I am so frustrated by this because my finances are finally back on track I have a little bit of $$ in the bank and now these people are crawling out from under a rock 8yrs later. Any input would be greatly appreciated I have never had to deal with anything like this before. And it is very important to me that this does not affect my current situation since my DH and I are months away from buying our 1st home.

If they got a judgement against you. Through a default judgement I'm assuming since you know nothing about this then you can try to get the judgement vacated by claiming improper service which may or may not work. Sometimes the things that constitute proper service in an area are unbelievable (like it's okay to tape the summons to your door or give it to any adult who answers the door at whatever address they had for you). The best thing to do now is find out whether and where a judgement may have been gotten against you for this debt.

If the lawyer (acting as a debt collector) is just calling you to make a deal with you before the CA sues you then I'd DV the debt with the lawyer. If he still sues you then go to court and defend yourself against the claim for the debt by saying it's out of the statute of limitations (I'm assuming that an 8 year old debt is out of SOL in your state).

That's my thoughts, but there are people here far more expert than I am, who I'm sure will chime in.

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It looks like the SOL is at the most four years in CA.

But she said the SOL for judgements is ten years. Do they already have a judgement against you?

That's what I was wondering. Unless they are lying like DH sez, it sounds like they are talking about a judgement that has already been gotten against the OP.

It's not really a SOL on judgements. You get a judgement against someone it's good for a certain amount of time 5 or 10 years and then it expires or it can be renewed.

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Ok, whew, breathing again..... Thanks everyone!!!

Well as if I wasn't grateful enough for this forum 6mos ago my appreciation as just jumped 100 fold. Thanks to all of you for your quick response. Sorry I know I posted this in two forums but I panicked!

I did receive their fax, it's from Reneer & Assoc attorneys at law in Salt Lake City, UT. The letter states the following.

"This is a request for payment of the original debt incurred by you as identified above. This office has been assigned, or has purchased the above freferenced debt and all of your rights and obligations regarding this contract have been transferred to our office. We consider this a serious matter" Your past due contract is currently being reviewed for potential legal action by this office. If you choose to resolve this matter voluntarily, you may take one of the following actions" ( Paraphrasing here... PIF or payment plan...) "If you do neither this office will, without further notice, declare the entire balance due and proceed accordingly." Then they tell me about the 30 days to dispute it.

So apparently all of you are correct. She scared me when she mentioned the word "Judgement" and 10 yr SOL. I am certainly not aware of any judgement filed against me and I have never been served with a thing. I guess my next step is to write back with the DV letter... Right? And hope it goes away???? What else should I do. That msg about the sherrif is on my voicemail but it will only stay there for a month I don't know how to save it beyond that. That was deceptive and distressing at the very least if not a harassing tactic to use on me.

And just to reiterate there has been not one ounce of activity on this account since Jan 2001.

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Ok, whew, breathing again..... Thanks everyone!!!

Well as if I wasn't grateful enough for this forum 6mos ago my appreciation as just jumped 100 fold. Thanks to all of you for your quick response. Sorry I know I posted this in two forums but I panicked!

I did receive their fax, it's from Reneer & Assoc attorneys at law in Salt Lake City, UT. The letter states the following.

"This is a request for payment of the original debt incurred by you as identified above. This office has been assigned, or has purchased the above freferenced debt and all of your rights and obligations regarding this contract have been transferred to our office. We consider this a serious matter" Your past due contract is currently being reviewed for potential legal action by this office. If you choose to resolve this matter voluntarily, you may take one of the following actions" ( Paraphrasing here... PIF or payment plan...) "If you do neither this office will, without further notice, declare the entire balance due and proceed accordingly." Then they tell me about the 30 days to dispute it.

So apparently all of you are correct. She scared me when she mentioned the word "Judgement" and 10 yr SOL. I am certainly not aware of any judgement filed against me and I have never been served with a thing. I guess my next step is to write back with the DV letter... Right? And hope it goes away???? What else should I do. That msg about the sherrif is on my voicemail but it will only stay there for a month I don't know how to save it beyond that. That was deceptive and distressing at the very least if not a harassing tactic to use on me.

And just to reiterate there has been not one ounce of activity on this account since Jan 2001.

Check the county courthouse records on-line. If you can't find anything on-line you might also take a trip just to make 100% sure.

"currently being reviewed for potential legal action " - Overshadowing? Mis-representing the status of the debt? Not sure why they would throw that line in on an OOS debt.

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What a nice situation you have here. The collector definitely overshadowed and threatened legal action they can't take (on an out-of-statute debt).

I add my chime to others for you to check Public Records, just-in-case.

How you deal with this depends on how spiteful you are feeling. You could get sarcastic and write a nice letter detailing their violations of the FDCPA. This debt, being OOS and past Reporting Period has no 'teeth'. I'd ask for $1000 per violation, maybe tell them you recorded the call...and if they don't send something within 5 days detailing your rights to dispute, you have them on another violation.

Maybe I'm just a smarta$$. But I'd mention that an attorney's office/representative should KNOW the law they are supposed to follow, as well as the consequences for violating your rights under that law. Also be sure to check if your state has additional laws which offer protection.

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The fact that the original call was worded to say

"a possible summons with the LA County Sheriffs office"

makes me believe there is no Jugment - just a Junk Debt Buyer working an Out of Statute portfolio trying to scare up some quick payments to bring the debt back into Stat. If there was a Judgment I am sure the collector would have said so.

We have several FDCPA violations just in the first call, but I am also sure the OP didn't tape the call as evidence.

I suggest the OP simply send this goy a FOAD letter and see what happens. If there is no judgment then any further talk ofa suit on an OOS debt is a FDCPA violation. If there is a Judgment then the OP will end up getting a copy of it.

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It's time to fish or cut bait:

The key now is that you really do want to get served, and you want to beat it on the grounds of lack of documentation because it's been through so many hands and the original documents are gone and the chain of custody is crappy (not SOL--which is a fall-back, last-ditch affirmative defense that you do plead and prove up if you have to--but winning on SOL will cause you to get a 1099-c, and you want to avoid that if you can).

That's from my response on the other thread.

My version of a DV in this instance would be:

on-rt-track

1234 any st

city, ca 9xxxx

Date

By Fax

Attorney

Address

RE: Your file number xxxxxxxx

Dear attorney,

I got your fax. Send me anything you have to back up your claim.

Sincerely,

on-rt-track

Fax it back to 'em.

Wait for them to come up with some supporting documentation, or to sue, or to go away and trouble you no more. If you get sued, deny, fire back with a counterclaim for every FDCPA violation, and use the SOL affirmative defense.

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What a nice situation you have here. The collector definitely overshadowed and threatened legal action they can't take (on an out-of-statute debt).

I add my chime to others for you to check Public Records, just-in-case.

How you deal with this depends on how spiteful you are feeling. You could get sarcastic and write a nice letter detailing their violations of the FDCPA. This debt, being OOS and past Reporting Period has no 'teeth'. I'd ask for $1000 per violation, maybe tell them you recorded the call...and if they don't send something within 5 days detailing your rights to dispute, you have them on another violation.

Maybe I'm just a smarta$$. But I'd mention that an attorney's office/representative should KNOW the law they are supposed to follow, as well as the consequences for violating your rights under that law. Also be sure to check if your state has additional laws which offer protection.

The OP has this in writing from the CA. No need for a recording.

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