I don't remember now as we could not use Delaware as SOL which was FOUR years it I remember correctly. Woofer
These issues are highly state specific. For fun, we could go over what your state's laws, case law, etc. are. Our ideas may be erroneous, so you should always contact a lawyer before doing anything in a lawsuit, of course.
I just want to add a few bits of information based on my experiences... Just because an attorney is affiliated with the NACA doesn't mean they're experts in consumer credit law. My NACA attorney charged an agreed upon up-front fee. After settlement with the creditors I was reimbursed for my fees. The attorney kept all excess settlement funds as additional attorney fees. On an additional case this attorney charged a large up front fee for filing a motion with sanctions. Sanctions were denied...something about excessive attorney fees was mentioned by the other law firm. With the information on these boards I feel I could've handled the SOL debt and FCRA violation troubles on my own. Also when dealing with the court I called to verify that a judgment had been placed against me. I was told there was nothing on record with the court. I decided to go to the court to see for myself. Sure enough...a valid judgment was placed against me. So don't believe everything you hear from the court when talking on the phone. Good Luck!
My case is getting weirder. The opposing attorney emailed me at my LiveJournal blog(!!) to tell me I have to pay up or he'll take me to court and that I will definitely lose. This is wrong on so many levels, not the least of which because although the blog can be traced to me if you Google, it's not like it's under my real name. WTF? The guy has my home # and address. Too bizarre that he's Googling me and taking a chance writing to me at a social networking site. It's additionally creepy to me because I'm a woman. I feel violated.
The atty says the agreement says the state of the issuer, in which case I would be under sol. Keep in mind they don't have my signed agreement, though, just the agreement they usually use.
Would it be silly to call the OC and ask for my signed agreement and monthly statements so I can see where they're getting their figures from? I don't think they have any of that info so it may strengthen my case?
You have an attorney? And the opposing attorney is contacting you directly? That's a serious violation in my state, and I'm pretty sure in EVERY state. I'd file a complaint with the bar association and file a demand for sanctions with the court.
There are NO secret on the internet <sigh> Let's say you may have given a credit card company an email address or your phone company or a sweepstakes entry, it is all there for the public to view now. If you belong to any organizations you may also have given out your email address,or they can put in your name and find out what you are into. Such as anything you are interested in...Reading,sailing, golfing, animals, bungee jumping,theatre,anything and everything can be traced and they will use anything to find out where you are or what you have up on the internet. Even to the way you word a phrase, a good detective can find out who you are. This is why it is so important to have a throw away addy, AND be careful of what info you give out. Learn to be wary at first and go slow with any info you give out. While blogs are fun and can let out your creative energy I have found that it is better to have a *nom de plume* I am sorry that this person found your blog. If I were you I would send him an email stating that he is NOT to contact you thru email and or the blog site as you consider this harassment and if it continues you will notify his ISP and the local police of his city. This DOES work ,IME but of course you are dealing with a creep, so itmay come to issuing a complaint. Woofer
CA finally filed and I have a case no. I had offered to settle for a few thousand but their answer was to file (I offered $2K, they want $5k). They are still willing ot settle for $5k they say, but I'm not planning on it. Court date isn't until 2010 and they'll be almost past sol by then. Their atty says (as he's been saying for 6 months) that he's filing a summary judgment against me. I would prefer to just follow the court's schedule and go to court in 2010. Here's what they have: Xerox of a printed cc statement. Blank piece of paper saying they were assigned debt with a sig and no printed name. I asked for a name/title/letterhead/anything and their atty said "no one ever has that." I had sent answer to them months ago, but they've broken a lot of laws in the meantime including contacting me (once) after I had an atty (I don't have one now) and contacting third parties and describing the case--in writing, which is weird. So I guess I'll revise my answer and file. If I settle they will do it with prejudice, which would be good, though. I really don't want to take up the court's time with this stupid lawsuit when I already offered a settlement. Does anyone know if I can have a private conversation with the judge on this case? Advice?
Once they've filed, the SOL stops. So if they filed before the SOL is up, it doesn't matter if it goes to court the next day or in 2010. It will still be in SOL.
So is there any good news in my situation? If they won't settle I don't know what more I can do. I guess I have to go to court. I'm always hearing that "CAs can't contact third parties" "CAs can't threaten or lie" but in this situation what does "can't" mean? I just doubt that debtors win in court over these actions, so really CAs "can" do these things.
