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Advice and a Paddle


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I have an account that is 12 years old w/OC. It was sold/aquired by Asset, who then "retained" a CA/attorney in 08. I started making payments because they threatened judgement. (I had not found CIC yet)

After finding this forum I stopped making payments and DV'd the CA/attorney. Many hours of reading (posts/threads/sticky's) I realize because of the payments I restarted SoL. So I am up a creek w/o a paddle!

I am hoping that someone could advise on what to expect and help me get my "ducks in a row" sort of speak.

Will the DV be required to be fulfilled this late in the game?

Are there any previous case laws I could use in the event of suit/judgement?

What are some violations I should look for that would help defense?( if I even have one:))

Would an attorney be able to help at this point, or would it be a waste of time and $ on both of our parts?

If DV isn't a requirement now should I "back peddle" and try to settle before suit filed ? or wait the 30 days and see if they reply?

I may have jumped into something I wasn't quite ready for but I was paying either way I just now want to avoid adding more charges and defending my self to my best ability if it does go to court.

Any help, suggestions and advice would be greatly appreciated Thanks

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No, you have not restarted the SOL:

The statute of limitations is only extended by new written promise to pay in these states:

Arizona, California, Florida, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nevada, New York, Texas, Virginia, West Virgina, Wisconsin.

I'd explain the facts of life to them and tell them you will take legal action as well as notifying your state AG's office.

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I have no "written" agreement per se. I never signed anything agreeing to pay. they just helped themselves to my acct. once a month.:(

They sent a judgement paper last year for Me to go and file/notarize aginst myself. It looks just like a judgement except it has the mini- meranda at the bottom. (The answer is NO....I did not file it.)

Is paying considered an agreement I am now held to legally? really need some advice now that I have shut off the cash machine for them, do they have a good chance to sue and win.? If so, should I overnight a settlement letter, or the forbidden, CALL them to try to settle, in hopes of avoiding all of the fees and court costs that will be added.

Other option I'm pondering is, I sit back and wait to see what their next move will be. Any suggestions/advice, good, bad and/or ugly, I would appreciate.

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