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I stopped paying, but someone still paid my credit card


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Hello, I have a question. I stopped paying my credit card back in 2002, since that time I have never spoken to a debt collector (even though they tried calling me) I thought the statue of limitations would apply being that it is definitely over the four year mark, but to my surprise I got served two days ago saying that I am to appear in court on the 3rd. While reviewing the summons that i received; it shows that someone by the name of "bill payer" was paying 25$ a month to Bank of American and stopped in December of 2011, then the debt was charged off and sent to this new collections agency that has brought forth the lawsuit. Has anyone ever heard of "Bill Payer" paying their debt after you stopped paying?

 

Thanks~ 

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Hmmm. Yes I do belong to a credit union, but i don't recall seeing monies ever being taken out and paid to BOA. In fact, during those years 2010-2011, i still had debt collectors sending me mail saying I owed them monies. If they were in fact doing Bill Pay, why would the debt collectors continue to contact me?

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If you haven't already go here and pull your three credit reports.  http://www.consumer.ftc.gov/articles/0155-free-credit-reports

 

You should be able to go back a few years and see how it was reported. The odd thing is if was 25.00 more than likely it was less than required. This means they should have reported all of those months as late. 

 

Do you know if you are dealing with a JDB or CA? Tell us who it is and we can probably determine that. If it turns out they did this to extend your SOL then you have an FDCPA claim and you should also report them to the Consumer Financial Protection Bureau.

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Answer these questions in this format and it will help others help you. It will also be helpful if you scan any documents they have sent you. Just leave out personal info and round off all numbers.

 

1. Who is the named plaintiff in the suit? 

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) 

3. How much are you being sued for? 

4. Who is the original creditor? (if not the Plaintiff) 

5. How do you know you are being sued? (You were served, right?) 

6. How were you served? (Mail, In person, Notice on door) 

7. Was the service legal as required by your state? 

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued? 

9. What state and county do you live in? 

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 

11. What is the SOL on the debt? 

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). 

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) 

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. 

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 


16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

 
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