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Persolve is after me again


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As some of you know persolve filed a lawsuit against me and lost

. Today I get a voicemail from them to call them back regarding a pending legal matter. All of my debts are out of statute and I have received nothing from Persolve in the mail. So I have no idea what it could be. I guess sit back and wait? Kinda thought I was done with them :-/

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Save the voicemail.

A lawsuit can toll the SOL...stop the SOL clock while the suit is in progress. Once the case is over, the SOL clock starts again at the point where it was before the suit was filed.

However, if the Plaintiff voluntarily dismissed, the SOL may not have been tolled and delayed.

You need to make sure the debt is outside the SOL. If it is, that voicemail might be an FDCPA violation.

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Okay...so the lawsuit was filed april 21 2011 the day before the statute. The case was dismissed on March 1st 2012.

All other debts tolled in or before april 2011.

I will save the voicemail just in case. Should I bother sending a C&D? I had recently registered on Do Not Call so I filed a complaint.

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Okay...so the lawsuit was filed april 21 2011 the day before the statute. The case was dismissed on March 1st 2012.

All other debts tolled in or before april 2011.

I will save the voicemail just in case. Should I bother sending a C&D? I had recently registered on Do Not Call so I filed a complaint.

I'm not sure the "Do Not Call" list applies in this case. That's mostly for telemarketers.

The lawsuit was filed the day before the debt would have been outside the SOL? If that's the case, the debt should be outside the SOL, but make absolutely sure.

The SOL can be tricky. Check your state laws to see how the SOL is determined in your state. Some state laws specify the date of last payment. Others may state the date of last activity. That could mean the last payment or last charge to the card...whichever one was last.

If you're without a doubt positive the SOL is up, then you can send a C&D. Me...I'd want to know what they're calling about. :D

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did you get your court costs. also did you file a judgement. If you haven't filed a judgment they can motion for a new trial.

This could get serious because the new trial motion is filed 15 days after judgment or 180 days whichever comes first.

look into this and do what needs to be done.

look into the case summary they may have filed this already.

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Thank you! I wouldn't have thought to check...

But no, no new movement on the case summary and the judgement was entered on March 1. So, I am assuming it is a different debt (in which case, here we go again!). I am assuming this because they are probably trying to get ahold of me to see if I will settle with their 75% offer or to admit to something. :roll: It could be the same debt too, I don't know.

I wasn't aware I had to file a judgement... I thought it was already entered and ordered by the Judge.

"To the parties and their attorney of the record; You are herbey notified that pursuant to section CCP 664.5, the attached copy of the judgement in the above entitled case was entered on 3/01/2012. Further, Exhibits/Depositions, if any, will be destroyed at the end of 60 days from expiration of appeal time. "

"It is hereby ordered, adjudged and decreed that Judgement be entered as follows: $0.00 costs as provided by law for a total of $0.00.

Comments:

Plaintiff to take nothing by virtue of the complaint."

It would probably be smart of me to get a copy of my credit report now....

If that case was disposed due to the integrity of the complaint, can they even file it again? or does the court not notice until I send them a copy of the judgement? Do I even need to file an answer if that was the case?

I had qualified for a fee waiver last time, so I did not have to pay anything so I don't think I would be entitled to anything which is fine.

and stupid me, went to go check for the voice mail and I must have been so enraged that I deleted it. :neutral: Dang.... hopefully they will call again today and leave another one....

I do want to find out what it is haha, but I am alittle hesitant to talk to them.

Thank you guys so much. Seriously.... sometimes it feels like I am alone in this.

Edited by Cady
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