My~Cuz~n~Vinny~

Out of State collection/summons?

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What happens if you ignore ,or refuse certified mail?

 

I have been dunned by one Debt Collector about an alleged debt from a credit card in 2011. then  it was handed to another DC 1 year later, only to be bounced back to the same DC that dunned me first in 2011. Both of these dunning letters came in 2012.The second dunning letter was from Ohio who evidently dropped the pursuit and handed it back to the original DC/Attorney here . So in essence this now makes the 4th dun on this alleged debt in 3 1/2 years..

 

{(There exists no original specifically signed  agreement, or application request for this internationally recognized credit card

In my State, verbal contracts have a statute of limitation of 3 years. 6 year limitation on written.}}

 

 

.Fast forward to Summer 2014, now a different DC/Attorney firm from has dunned me. As usual I answered and asked for paper work and denied owing anything. A couple months later I get a certified mail. I could ask the Postal employee to let me see who it came from first before signing for it. Can the DC get a judgement if certified mail is returned unsigned as delivered?

 

 

OHIO.....Service by certified or express mail. Evidenced by return receipt signed by any person, service of any process shall be by certified or express mail unless otherwise permitted by these rules. The clerk shall place a copy of the process and complaint or other document to be served in an envelope. The clerk shall address the envelope to the person to be served at the address set forth in the caption or at the address set forth in written instructions furnished to the clerk with instructions to forward. The clerk shall affix adequate postage and place the sealed envelope in the United States mail as certified or express mail return receipt requested with instructions to the delivering postal employee to show to whom delivered, date of delivery, and address where delivered. The clerk shall forthwith enter the fact of mailing on the appearance docket and make a similar entry when the return receipt is received. If the envelope is returned with an endorsement showing failure of delivery, the clerk shall forthwith notify, by mail, the attorney of record

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Thanks Credithis and bassplayr !

Awesome. I was toying with the idea but in  the end figured it would be best in my interest to sign for it. I thought maybe since it was out of state they would require a signature of acceptance before they could properly plea their case in Ohio.Thanks for letting me know about raising the improper venue info. I appreciate all the help.

 

As they have dunned my 4 times by three different firms and never brought suit,improper venue should show an Ohio court the last ditch effort of an OC to try to sneak the case by the courts, by not bringing suit in CT. Also last date of purchase was 5 years ago.

Delaware Code Title 10, Chapter 81, § 8106). The last purchase was made on LAST_PURCHASE_DATE and the last payment was made to the account on LAST_PAYMENT_DATE. The Delaware statute of limitations starts to run from the date of the last purchase.

 

 

Conn. Gen. Stat.

(2013)

Chapter 89

0

Judicial Districts, Geographical Areas, Civil and Criminal Venue, Filing and Designation of Court Location

§51-345

.

(d) Actions involving consumer transactions. In all actions involving consumer transactions, civil process shall be made returnable to the judicial district where the consumer resides or where the transaction occurred. For the purposes of this subsection, consumer transaction means a transaction in which a natural person obligates himself to pay for goods sold or leased, services rendered or moneys loaned for personal, family or household purposes.

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@ BV80  from CuZ~n~Vinny~

 

 

The last purchase was a transaction creating a debt owed to the credit card account. Regardless of any due date, that amount was owed when the transaction was made. The agreement (“Cardmember Agreement”) states “You must pay any amount over your credit line, and you must pay us immediately if we ask you to. This agreement applies to any balance on your account, including any balance over your credit line.”.

Accordingly, the cause of action does not start to accrue from the time of default as any amount owed is owed at the time of each transaction. The last transaction was the last purchase made on LAST_PURCHASE_DATE and the Plaintiff’s cause of action is barred as of LAST_PURCHASE_DATE.

A payment in and of itself is not a transaction and no cause of action would accrue from a payment to this account. “Delaware has not adopted the proposition that a payment postpones commencement of or tolls the running of the statute of limitations.” Snavely v. AUTO. INS. CO. OF HARTFORD, CONN., 438 A. 2d 1229 - Del: Superior Court 1981.

 

 

http://www.creditinfocenter.com/community/topic/315171-this-victory-is-golden-law-of-delaware-and-sol/

 

 

I appreciate any input friend......------no cause of action would or could accrue from a payment to this account-----

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@My~Cuz~n~Vinny~

 

You're citing DE case law.  First, it has to be shown that DE law would apply to a lawsuit for this debt.  That's why you have to research either a Connecticut borrowing statute or the Restatement (Second) Conflict of Laws.  If your state does not apply the SOL of another state in debt collection actions, DE law has no effect.

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Hi there BV80  from CuZ~n~Vinny~

 

ACCOUNT STATED

Accrual date.
The statute of limitations accrues on the date of
the last transaction (Fairfield Plumbing & Heating Supply Corp.v. Arch Fracker Plumbing & Heating Contractor, Inc., No. CV-
93-030551-S, 1993 WL 225004, at *1 (Conn. Super. Ct. June 16, 1993)
 
 
 Does this make sense as to the timing of SOL?
 
 
I also found this...
 
BREACH OF CONTRACT
Limitations period.
The statute of limitations is:
three years for oral contracts, if still executory (
Conn. Gen.
Stat. § 52-581 (2012); Bagoly v. Riccio, 927 A.2d 950, 955-
56 (Conn. 2007)
);
 
 
So does this mean if the alleged breach of an oral contract was in 2010... it is 3 years for SOL?
 
And
 
 3 years for account stated  starts on the date of the last transaction?

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Hi there BV80  from CuZ~n~Vinny~

 

ACCOUNT STATED

Accrual date.
The statute of limitations accrues on the date of
the last transaction (Fairfield Plumbing & Heating Supply Corp.v. Arch Fracker Plumbing & Heating Contractor, Inc., No. CV-
93-030551-S, 1993 WL 225004, at *1 (Conn. Super. Ct. June 16, 1993)
 
 
 Does this make sense as to the timing of SOL?
 
 
I also found this...
 
BREACH OF CONTRACT
Limitations period.
The statute of limitations is:
three years for oral contracts, if still executory (
Conn. Gen.
Stat. § 52-581 (2012); Bagoly v. Riccio, 927 A.2d 950, 955-
56 (Conn. 2007)
);
 
 
So does this mean if the alleged breach of an oral contract was in 2010... it is 3 years for SOL?
 
And
 
 3 years for account stated  starts on the date of the last transaction?

 

NO.  The SOL on credit card debt is SIX years in CT.  The written card agreement is what creates the contract.  Continued use of the card renews that agreement with each purchase.  

 

I highly suggest you forget this snipe hunt and concentrate on attacking their standing to sue you and the account stated theory.  My educated opinion is if you keep arguing this angle you will hand them a fast track judgment.

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NO.  The SOL on credit card debt is SIX years in CT.  The written card agreement is what creates the contract.  Continued use of the card renews that agreement with each purchase.  

 

I highly suggest you forget this snipe hunt and concentrate on attacking their standing to sue you and the account stated theory.  My educated opinion is if you keep arguing this angle you will hand them a fast track judgment.

 

Thanks Clydesmom

 

I found that the certified letter was nothing to do with credit cards or a summons. All I know is they have attempted to DV me on this alleged debt 4 times now ,twice by the same attorney/debt collector.

However I don't see any law provision that  states  Continued use of the card renews that agreement with each purchase.

 

Nothing specific  has ever surfaced. No dates any specific agreement was sent No starting written contract at the opening of an account.No written application for the credit card. Card was paid always on time and closed by the person 1year before it was eventually fully paid off 4 years ago. No certified mail from OC expressing any agreement date or verbal contract date.

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However I don't see any law provision that  states  Continued use of the card renews that agreement with each purchase.

 

There isn't one specific.  It is basic contract law.  Read the CC agreement.  It states that by applying for, accepting, CONTINUING to use the card, and make payments you agree to the terms which renews that contract between you and the card issuer.  

 

The laws you need to understand are basic contract law, federal/state collection laws, and the rules of civil procedure for the court.

 

Nothing specific  has ever surfaced. No dates any specific agreement was sent No starting written contract at the opening of an account.No written application for the credit card. Card was paid always on time and closed by the person 1year before it was eventually fully paid off 4 years ago. No certified mail from OC expressing any agreement date or verbal contract date.

 

Nothing has to magically surface.  They have sued you.  Apparently in the wrong state.  Personally I would just hire an OH consumer attorney file a dismissal based on the wrong venue.  Then I would hire a consumer attorney in CT to file a federal suit for the violation of the FCDPA.

 

Once the suit was filed if you want card agreements, applications, etc. you have to engage in discovery.  They do not have to produce ANY of that in DV only in court IF you do discovery for it.  FYI:  most courts do not need an application for the card unless the defendant is using identify theft as a defense.

 

If the card was truly paid off I would also be getting my bank records and copies of the final zero balance statement showing that they are also suing on a non-existent debt.  You have several possible iron clad defenses and you are chasing mirages.

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