jlock45 Posted March 24, 2017 Report Share Posted March 24, 2017 So today I was going to go ahead and turn in my discovery ,admissions, interrog, productions, etc that I wanted to mail to the JDB attorney and I just happened to look at my credit and was wondering why a few weeks ago the old debt was on there but now it it gone comepletely and the only thing on there is the jdb , so there is no reference to the name at all of oiginal creditor and I find this very strange because I was thinking this might be coming upon limitations time and I have the other print outs and now all a sudden its gone. Any thoughts ? Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted March 24, 2017 Report Share Posted March 24, 2017 6 hours ago, jlock45 said: So today I was going to go ahead and turn in my discovery ,admissions, interrog, productions, etc that I wanted to mail to the JDB attorney and I just happened to look at my credit and was wondering why a few weeks ago the old debt was on there but now it it gone comepletely and the only thing on there is the jdb , so there is no reference to the name at all of oiginal creditor and I find this very strange because I was thinking this might be coming upon limitations time and I have the other print outs and now all a sudden its gone. Any thoughts ? JDBs get the OC to do this to eliminate possible FDCPA and FCRA counter claims. If they have already filed suit then the SOL is tolled while the case is active. That date coming once the suit has been filed cannot give you an SOL defense. Quote Link to comment Share on other sites More sharing options...
jlock45 Posted March 24, 2017 Author Report Share Posted March 24, 2017 @ClydesmomWhat if I have a print out showing it's within same time frame ? Wouldn't this prove that they violated that ? Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted March 24, 2017 Report Share Posted March 24, 2017 17 minutes ago, jlock45 said: @ClydesmomWhat if I have a print out showing it's within same time frame ? Wouldn't this prove that they violated that ? The SOL is straight forward hard single date not a "time frame". For example. If a consumer defaults on a debt March 23, 2013 then the SOL in Texas would expire on March 23, 2017. If the JDB/OC files a lawsuit on March 22, 2017 it is within the SOL and NOT a violation. If the consumer defaulted on that same date and the JDB/OC sues on January 5, 2017 and the court date isn't until May 5 then the SOL is tolled (stopped) while the case is active. The date of March 23, 2017 coming to pass during that time frame does not create an SOL issue simply because the date occurred during the case. The date the suit is filed vs. the date of default is the only two that matter. So the question is WHEN did you default on the account and WHEN was the suit filed? Quote Link to comment Share on other sites More sharing options...
texasrocker Posted March 25, 2017 Report Share Posted March 25, 2017 jlock45, you should keep everything pertaining to your case in one thread instead of starting a new thread each time you have another inquiry. Quote Link to comment Share on other sites More sharing options...
jlock45 Posted March 25, 2017 Author Report Share Posted March 25, 2017 @texasrockerI am so sorry I thought I had to put a whole new part in for topic.. thank you for letting me know. Quote Link to comment Share on other sites More sharing options...
BV80 Posted March 25, 2017 Report Share Posted March 25, 2017 @jlock45 No problem. The reason for keeping all topics regarding one account in the same thread is to avoid confusion. If there are multiple threads for the same account, posters have to go back and forth between threads in order to insure that any suggestions they offer include all details for that account. It may not only create confusion but might cause some posters to lose interest in your predicament. Quote Link to comment Share on other sites More sharing options...
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