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CA Statute of Limitations in Gray Area Creditor Stop Payments Placed With My Bank and Returned Non-Sufficient Funds Payments --DO THEY COUNT AS PAYMENTS IN California As Applies To The Statue of Limitations


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If you are inquiring about a lawsuit in which you are the defendant (ie you are being sued), you need to answer the following questions (as much as possible):

1. Who is the named plaintiff in the suit?--Myself

2. What is the name of the law firm handling the suit? --Jordan D Cook, CA BAR 179720/ Lori N Williams CA BAR 242985/Emily Pierce CA BAR 240084/Kristen Brinkerhoff CA BAR 263579

3. How much are you being sued for?--  $18,598.19, plus costs of suit and any other relief as the Court may deem just and proper

4. Who is the original creditor?   US Bank (Credit Card)  Portfolio Management Recovery Associates is The Collection Company

5. How do you know you are being sued? I was served with a summons and complaint

6. How were you served? (Mail)

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

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?--I agreed to a settlement payment option that I am not bound to.   I never signed the payment agreement, nor made any payments, I made a verbal agreement that is not valid as the payment arrangement was for greater than a year and CA statutes require all contracts greater than one year in length be in writing.

9. What state and county do you live in?  California, Orange County

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)--The last payment that cleared and posted was on July 30th, 2012, the complaint was not filed until September 6, 2016.  However, the creditor attempted a payment that was returned on August 30th. thereafter payments were attempted by creditor from September 30th, 2012 until the account was charged off in March of 2013.   I had blocked the creditor with a creditor freeze  for the September 2012 until March 2013 payments.  This is what I seek clarification on do the non sufficient funds payments returned and creditor freeze payments also not collected  count as payments in the CA 4 year statute of limitations or is it last payment that posted?

11. What is the SOL on the debt? To find out:  4 years in California

Statute of Limitations on Debts

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).--Going to non-jury trial, trial date not yet set.

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)--YES my FCRA dispute left Portfolio Recovery Associates LLC continuing to report on my credit reports.  The original creditor US Bank is not reporting with any of the three credit bureaus.

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.--NO

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?--I have already answered the summons as follows, "Plaintiff has failed to state facts sufficient to state a cause of action against Defandant.  Plaintiff's complaint is barred by the applicable  statute of limitations.  Plaintiff's acts and/or omissions violate the Rosenthal Act and the Fair Debt Collection Practices Act.

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.--Exhibit A is the last US Bank statement prior to the accounts charge off.   The statements show a payment made on 03/05/2013 and then returned on 03/07/2013.  This is when the creditor block or freeze was placed on my bank account.   This was the only evidence they provided.  No documentation has ever been provided that Portfolio Recovery  Associates owns this debt.

17. Read this article:

Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

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Looks like they may have been 7 days to late in filing that suit.  Is July 30th the actual date of the payment? or was it earlier than that, and they just posted it on July 30th?  You can either fight this the old fashion way, or try going straight for a motion to dismiss due to SOL.  Look through your old bank statements to be sure your July 30 date is correct.  And make sure the Plaintiff's action was filed on sept. 6, and that is not your serve date. 

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On 4/26/2017 at 5:42 AM, Cali Jay said:

1. Who is the named plaintiff in the suit?--Myself

You are the defendant.  The plaintiff is the party who is suing you.  What company is suing you?

On 4/26/2017 at 5:42 AM, Cali Jay said:

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)--The last payment that cleared and posted was on July 30th, 2012, the complaint was not filed until September 6, 2016.  However, the creditor attempted a payment that was returned on August 30th. thereafter payments were attempted by creditor from September 30th, 2012 until the account was charged off in March of 2013.   I had blocked the creditor with a creditor freeze  for the September 2012 until March 2013 payments.  This is what I seek clarification on do the non sufficient funds payments returned and creditor freeze payments also not collected  count as payments in the CA 4 year statute of limitations or is it last payment that posted?

Was the account still in good standing when you made that July 30th payment?  If so, when was the next payment due?

 

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