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Suggestions to determine actual date of default?


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My daughter was served with a summons on 3-9-09 to civil court in PA via certified mail. She had gotten 1 letter prior to this via regular mail, which she ignored. As she had all other attempts from all other JDB's.

She does not have any documentation regarding this account. After viewing her credit report, it shows the original date of default as March/April 2005 as 30 days delinquent. We plan on asking her bank for old statements for 2005 in order to figure out the last date of payment.

Should/Can we submit a REQUEST FOR PRODUCTION OF DOCUMENTS

from Midland? to build an argument for SOL.

Thanks.

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In PA the SOL starts with the date of the last payment. You need to find this out immediately. Hopefully if you call the OC they will send you a letter stating the date of the last payment.

What county in PA ? Also, look at the attorney's address, if its the same guy Midland uses close to Pittsburgh and you are in Delaware County, he is not going to drive 5+ hours to show up, he is looking for a default judgment only....

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In PA the SOL starts with the date of the last payment. You need to find this out immediately. Hopefully if you call the OC they will send you a letter stating the date of the last payment.

What county in PA ? Also, look at the attorney's address, if its the same guy Midland uses close to Pittsburgh and you are in Delaware County, he is not going to drive 5+ hours to show up, he is looking for a default judgment only....

We did call Capital One asking for information regarding the account. She was referred to Midland as that account was transferred to them. We did not call Midland because I didnt want that to be construed as contact with them.

We are in Monroe County, he is in West Chester.

Can someone cite the law that states that the SOL starts with the date of last payment? It would be helpful to have that at the hearing.

I'm new at this, and apologize if this is off-topic or should be posted elsewhere.

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I am in PA and went thru this mess myself, contact an attorney and ask the question about a credit card debt.

The Pennsylvania consolidated statutes were on the internet, but not anymore. I will look around and post a link if I can find it. Nut it is common knowledge in the courts since typically on Thursdays they handle the civil suits all at the same time.

In PA you have to file a subpoena for the production of documents or things.

Another thing... Midland is a JDB. Typically they buy the debts not collect for someone. If you call back to Capital One and dont punch in the account number and get a live person on the phone, they may tell you when te date of the last payment was.

On the equifax credit report, if the information is correct will give you the date of 1st delinquency. If you find this out and the sol is expired, you know how much additional effort to put into getting the payment history. If its still within the SOL, now I would attack the evidence.

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Have a call in to an attorney - waiting for a response. Was told to not respond until we hear from them. Will give it a day or two.

In the meantime, I will attempt to construct a response to the summons. Not exactly sure how to file a subpoena, but will ask the clerk when we do respond.

We looked at all of the reports and they were all the same - noting month/year , but not the actual date.

She spoke with someone at Capital One and they immediately referred her to Midland and would give no information. I will have her try again. Hoping that her bank will have that information.

I appreciate you looking for the statues - tried looking myself, but to no avail.

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