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update on mandarich law group/ new suit from Portfolio recovery associates


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Back in Oct, i had a summons from Mandarich law group, filed with the "past statue of limitation" and i never heard back from either the courts or them,im assuming that was a victory for me.

 

But tonight i got from Portfolio Recovery Associates(legal recovery law offices) here in san diego.I havent made a payment to wells fargo since 2008, the paperwork says Sept 17th 2009. I remember years back before closing my wells fargo checking account, they took money from my accounts without my knowledge, they said it was for my past due. Now since i didnt actually pay them, and they took it does that make a difference? also i never recieved an intent to sue letter from this law group, but i am pretty sure i have recieved a collections letter before, but i figured i was well beyond my statue of limitations i was in the clear from lawsuits. what are myoptions now? i have 30 days to file.

 

thanks

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If you're past SOL, you're past SOL, but that doesn't make you safe from somebody filing a collections lawsuit.

 

Did Portfolio actually sue you? Or did they just send a letter?  It's not clear from your post.

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they are suing me. i never recieved an intent to sue letter, so i never saw this coming. i thought once past the SOL they could no longer actually take me to court to collect. im more confused on the diiference of timeframes, they are saying sept 2009, but it was early/mid 2008 when all my accounts went deliquent and closed, due to jobloss. i never sent in a payment on this after that time, but i once i did have money in my bank account, wells fargo took the money from me without any notice, or with me giving them the okay. so does that really count as a payment being made, to me that was wells fargo being messed up

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no that does not count as a payment made, but youwould need to prove that in court.  You could prove it with your check written, You can get photocopies from the bank for the time peroids of when you did make payments, and the time peroids of where they say payments were made, you can show you did not make them. Include the sol defense when you answer the suit.

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thats what im afriad of being hard to do, is proving it. i stopped banking with them in 2009. i never wrote checks but didnt online billpay with them, which i know is tracked all the same. i just dont know how to go about, of if they still have all the account records from 2008 through end of 2009 when my checking account was closed

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