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Past SOL Debt Previously Dismissed In Court


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I recently received a letter from Northland Group offering me a settlement of $4,500 on a $6,000 balance. The problem is that this claimed debt was dismissed in court years ago when Palisades (via Art Van) sued me and I proved that I was deployed overseas on the date that said account was opened. The other issue is that the account was opened in 2003 and Michigan's statute of limitations is 6 years.

I tried to get this settled in what I thought would be an easy way by calling Northland Group and informing them of the situation. The woman I spoke with was incredibly rude. Not only was I told that the statute of limitations didn't matter, but she said that it was my responsibility to furnish them with all the court documants because they "have too many accounts to deal with all that drama".

The final straw was today when I checked my credit report and discovered that Northland Group had pulled my credit report just before they sent me the letter.

At the very least isn't it a violation for them to pull my credit report in such a manner? What about the rest of what happened?

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I would ignore them. You already called and told them the scoop. A creditor can bug you about a collection the rest of your life but that doesn't mean they will win a court case. If the case was dismissed with prejudice they cannot re-sue but if it with dismissed w/o prejudice they can go after you but they will lose because the SOL is past. But they are still allowed to pursue the debt collection. I don't know about it being illegal to pull your credit report. I would ignore them and not worry about it unless they sue you Most likely the won't because it would be a waste of their $$ to do so.

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I recently received a letter from Northland Group offering me a settlement of $4,500 on a $6,000 balance. The problem is that this claimed debt was dismissed in court years ago when Palisades (via Art Van) sued me and I proved that I was deployed overseas on the date that said account was opened. The other issue is that the account was opened in 2003 and Michigan's statute of limitations is 6 years.

I tried to get this settled in what I thought would be an easy way by calling Northland Group and informing them of the situation. The woman I spoke with was incredibly rude. Not only was I told that the statute of limitations didn't matter, but she said that it was my responsibility to furnish them with all the court documants because they "have too many accounts to deal with all that drama".

The final straw was today when I checked my credit report and discovered that Northland Group had pulled my credit report just before they sent me the letter.

At the very least isn't it a violation for them to pull my credit report in such a manner? What about the rest of what happened?

I take it the account wasn't reopened in 2003? If it is outside the SOL, send Northland a cease and desist letter. Make it simple. "Don't ever contact me again."

I'm not sure about the credit inquiry. Was it an inquiry that could be viewed by anyone other than you? You're credit report would indicate that.

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I recently received a letter from Northland Group offering me a settlement of $4,500 on a $6,000 balance.

Wow, what an offer, hope you took them up on that real fast !!

The problem is that this claimed debt was dismissed in court years ago when Palisades (via Art Van) sued me and I proved that I was deployed overseas on the date that said account was opened.

Problem for who? Sounds like fun to me and a problem for them.

The other issue is that the account was opened in 2003 and Michigan's statute of limitations is 6 years.

The holy grail, hounded for an out of statute debt, when you were over seas when the account was opened and already dismissed once in court. Wow !! Time to buy a lottery ticket.

Not only was I told that the statute of limitations didn't matter

I would have told them I'm sending a limo to pick you up and drive you to the courthouse to sue me, then I'm standing there and accepting service of the lawsuit and signing a waiver of service. Now sue me, do it.

she said that it was my responsibility to furnish them with all the court documants because they "have too many accounts to deal with all that drama".

Who gives a rats a$$ what she says is your responsibility. She thinks this is drama, wait until they try to sue you or you send the process server to sue them and her individually.

I'd be goading them unmercifully trying to get them to sue me.

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Sounds like Northland Group has been busy! I just got a letter from them offering to settle a $4,300 account for $126. Since I'd already settled this account years ago, I wrote them a letter stating that I dispute all claims by Northland Group and/or any of its clients that I owe any delinquent debt to anyone; that I had specifically settled the account referenced; that even if I hadn't already settled this account, it would be past the SOL; and that I consider the matter closed. I stated, "Not only will I take legal action to protect myself against any future attempts on your part to defraud me in this matter, but I will also seek any and all compensatory and punitive damages available to me under California and Federal law."

Can't wait to see what happens next. LOL

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I would have told them I'm sending a limo to pick you up and drive you to the courthouse to sue me, then I'm standing there and accepting service of the lawsuit and signing a waiver of service. Now sue me, do it.

::BigGun::

LOL

Who gives a rats a$$ what she says is your responsibility. She thinks this is drama, wait until they try to sue you or you send the process server to sue them and her individually.

I'd be goading them unmercifully trying to get them to sue me.

Yup. I had a DC try to tell me that. I chewed her a$$ out pretty good about how my job responsibilities didn't include doing hers for her. Last I ever heard from them.

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I take it the account wasn't reopened in 2003? If it is outside the SOL, send Northland a cease and desist letter. Make it simple. "Don't ever contact me again."

The only activity on the account was when someone opened it in 2003 while I was deployed.

I'm not sure about the credit inquiry. Was it an inquiry that could be viewed by anyone other than you? You're credit report would indicate that.

It says that it's only viewable by me.

ColtFan1972 - that's how I originally ended up in court with Palisades. I was young and had no clue how to get the debt off my record so I kept daring them to sue me.

DontGetMadGetEven - hey, you got a much better offer, what the heck?! :-)

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OK, if the pull is only viewable by you and no one else, I would not worry about that.

I would send a harshly worded C&D letter to Northland telling them that the case has been dismissed (if With Prejudice, so much the better for you) and that the debt is out of SOL and that they are not to contact you anymore. Although I like the short and sweet variety, in this case I would add that if they send a 1099-C to you, you will sue them for the extra taxes you had to pay since you still dispute whether the debt it your debt or not.

That should get them off your back.

As for goading Palisades to sue you, I am shocked that they allowed their attorney to dismiss rather than trying to go all the way with you because of your actions. Guess even they knew to cut their losses and run.

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Although I like the short and sweet variety, in this case I would add that if they send a 1099-C to you, you will sue them for the extra taxes you had to pay since you still dispute whether the debt it your debt or not.

Thanks, I didn't even think about them possibly sending me a 1099.

As for goading Palisades to sue you, I am shocked that they allowed their attorney to dismiss rather than trying to go all the way with you because of your actions. Guess even they knew to cut their losses and run.

I don't think they had too much of a choice. After I presented my evidence the judge gave the attorney a long speech that basically amounted to: "why are you here wasting my time when it's clear that he was deployed?" It was a busy day in that courtroom and she was clearly ticked about it.

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Whether it was a soft pull or hard pull does not matter legally. What person of possibly low morals has viewed it and opened you up to further ID Theft. When there is ID theft, they have specific laws preventing them from pursuing you further. The dismissal of the case was ample notice to them of the ID Theft.

I do not want any JDB digging through my personal information at their whim and I have sued over this. If this was me I would send them one correspondence, Summons to Appear.

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If it was dismissed for SOL, sue them for an FDCPA violation. Also, if you were active duty at the time, contact the JAG office for your prior unit. Nothing like a cheap JDB lawyer facing down a Major in uniform in court. You can get big money for this if it is legit. Coltfan will send the limo, I'll contact the JAG for you if you want. PM me your unit, I am a former Army Officer. Give me all the details.

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If it was dismissed for SOL, sue them for an FDCPA violation. Also, if you were active duty at the time, contact the JAG office for your prior unit. Nothing like a cheap JDB lawyer facing down a Major in uniform in court. You can get big money for this if it is legit. Coltfan will send the limo, I'll contact the JAG for you if you want. PM me your unit, I am a former Army Officer. Give me all the details.

Please do this, and if you can get video, post it on youtube.

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