HandsOnDeck

Crud.... JDB validates debt, but SOL is only 6 mo. away

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An old credit card debt surfaced last year, when CAs began calling. After a little digging, I learned that a JDB purchased the debt from US Bank---the CAs were their minions, trying to collect.

 

None of the CAs responded to DV letters, so things just quietly slumbered in the background. Not a word for nearly a year, then six weeks ago, yet another CA came calling (actually, mailing, to be literal). 

 

Idiot me did a stupid thing---sent DV letters to both the CA -and- the JDB that hired them, in hopes of getting this shut down once and for all (assuming the latter didn't have validation documents either).

 

Bad move.

 

No word from the CA, but the JDB sent back:

 

  • Copies of the Bill of Sale and Assignment (two--one when US Bank sold it to JDB #1, then a second when JDB #1 sold it to these guys, JDB #2)
  • Copies of two monthly credit card account statements (one showing the last charge made on the card, the second showing the bank's charge off)
  • Their MN collection agency license number

 

As I understand it, that fulfills validation requirements.

 

If this had occurred a year ago, I could have/would have negotiated a settlement, but now, within six months of the SOL, the devil on my shoulder wants to run the clock out. Add to that a serious dip in my career the past nine months, and a negotiated settlement isn't financially possible.

 

Pertinent details:

  • Date of First Delinquency: March 2008
  • Minnesota SOL = 6 years
  • Resulting expiration date is March 2014, six months from now

 

Yes, I should have left sleeping dogs alone. That said, what do you wise souls suggest I do moving forward? 

 

 

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Lay low, hope they don't file on you, if they do, come back and we will show you how to fight it.

Get a head start on reading threads, especially from people in your state, and google your rules of civil procedure, and your states rules of evidence so you will have some understanding when and if the time comes.

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Lay low but realize if you are served, the lawsuit is filed even if they do not file in court. In the meantime, do research on this board on what it takes for a creditor has to do to prove their debt in MN. From what you describe, they really do not have enough to bring in as proof should you fight it.

Also, look up the pocket docket process in Minnesota and how to work with it. You could end up with a dismissal for no more than $50 in green card CMRRR fees.

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Yes, I should have left sleeping dogs alone. That said, what do you wise souls suggest I do moving forward? 

Maybe.  You might still be ok.  Sit tight and cross your fingers.  

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