Some attorney in Oakland sent me a letter two months ago telling me they were going to take me to court over a 5000.00 old credit card debt. The debt is about seven years old. It is an old Home Saving MasterCard that I stopped paying on because I was injured at work and was living on 300 dollars a month. They posted in my credit report that it was a new debt for a Citibank Card. I am assuming that Citibank bought the old Home Saving MasterCard accounts. I wrote them a letter telling them this was a *very* old debt is way past the four year Statue of Limitations. I guess they didn't care because I got a summons. Now what do I do? Oh yeah I don't see how they are going to get anything from me anyway. I live on disablity payments and my home has been homesteaded.
how close are you to the 7-year SOL? send a validation letter to the attorney as soon as possible this will buy you 30 days at least. i don't think the attorney will have anything for validation (something with your signature on it) after 7 years. the attorney can still take you to court (don't ignore any notices, just show up, lawyers don't like it when you show up and fight for your rights. they would rather get a default judgment) but he will know that you will ask for validation in court. and remember deny, deny, deny if you ever get to court. you never had an account with citi, which is true, they have to prove it is your debt (credit card app with your signature) and prove what they say you owe is valid, which means CC statements from day one.
The Statue of Limitations in California is 4 years. I'm way past that. It will be seven years in Aug. I've ready informed these â??attorneysâ? that it is an old debt and that I have never had a CitiBank credit card. They didn't care. I have since researched theses guys and they get sued a lot. You might want to look these guys up Eskanos & Adler.
There is a major difference from saying that the alleged debt is a very old debt, and informing them that it is beyond the statutes of limitations. Just because a debt is old, does not mean that it is beyond the statutes of limitations. If you had specifically told them to cease collection activities because the alleged account is time barred (I personally recommend the WhyChat Time-Barred C&D letter), then if they would have summoned you after that, you most likely would have them on a false & misleading representation for taking action which is prohibited under your law (knowingly initiating a lawsuit outside of the statutes of limitations). If the summons is the first thing from the attorneys, then I would send them a time-barred C&D letter, now; and file whatever you need to in your state to respond to the summons, requesting that the case be dismissed with prejudice because the Statutes of Limitations in this matter have tolled.
Yes I sent then a letter about five weeks ago stating that this debt was way past the legal Statue of Limitations for collecting this type of debt in California. That threatening to sue over a debt that is beyond the statute of limitations is a violation of the Fair Debt Collection Practices Act. That was two months ago. Clearly they didn't care. After reserching them on the net this is their MO.
Ok... It's better to include the exact terminology that you used in the letter... Is it showing on the credit report under Citi, or under the collection agency? Has the account been re-aged to look like a new account on your report? From what I've read, an OC can be held liable for their CA's violations if they have been notified of them, but that may only be for an assigned account, if the CA is sueing, they may have purchased the account from Citi. However, if Citi is reporting it, and is doing so as a newer account, I would personally send them the exact same notice that you sent to the lawyer, and emphasize that you will hold them accountable for their violations, as well as those of their agent, XYZ.
Why don't you post here exactly what you wrote to the lawyer, then we can see if you need to modify it before you send something to Citi.
The account WAS not posted by CitiBank In fact for some reason this account has *never* appered on my credit report until CREDIT ONE,LLC reported it. They sated that the account was opened 12/2001. and they reported it on 04/14/2004. They have themseves as the Creditors and CITIBANK CREDIT CARD as the Original Creditor. And yes clearly the account been re-aged to look like a new account on my report. I mailed them a letter asking for verifaction of the orginal debt. I asked them to identify the original creditor. And I further asked them to produce either a Citibank Credit Card application with my signature, or a Citibank Credit Card statements with my signature? Because of the sum owed, I *know* it is from my old Home Savings MasterCard that I stopped making payments on as of Aug 1997.
1*how close are you to the 7-year SOL? 2*don't think the attorney will have anything for validation (something with your signature on it 3*lawyers don't like it when you show up and fight for your rights. 4*they would rather get a default judgment) 5*remember deny, deny, deny if you ever get to court. 6*you never had an account with citi, which is true, 7*they have to prove it is your debt 8(credit card app with your signature) and prove what they say you owe is valid, which means CC statements from day one. billt1227 ======================================= 1*Who said the SOL was 7 years on this? ? ? JW123 said in his post====> I wrote them a letter telling them this was a *very* old debt is way past the 4 year Statue of Limitations. 2*Wouldn'd do him any good if he did on a sol debt. 3*Rite- just ask kk29s lawyer boyfriend. 4*Sounds like the same game plan that backfired on kk29s lover. 5*Nothing to deny just use the sol defense. 6*Still don't have a legally collectable one due to the sol. 7*What good will that do them on a debt beyond SOL? 8*Usless on a past sol debt. Never read the fine print. There ain't no way you're going to like it. Never read the fine print. There ain't no way you're going to like it.
1*They posted in my credit report that it was a new debt for a Citibank Card. 2*I wrote them a letter telling them this was a *very* old debt is way past the four year Statue of Limitations 3*I got a summons. Now what do I do? 4*Oh yeah I don't see how they are going to get anything from me anyway. I live on disability payments and my home has been homesteaded 5*. I have since researched theses guys and they get sued a lot. 6*I stopped making payments on as of Aug 1997. JW123 ******************************** 1*Reaged 1000 bucks. 2*Then they can't collect it - all you have to do in court is plead the SOL defense. 3*Answer the summons and appear in court or pay 5000 dollars for a default judgment. 4*And I don't see how they are going to get anything on a past sol debt. 5*They must be taking lessons from kaykay29s loverboy lawyer. 6*This has to be removed from your reports as of August 2004.
KayKay29 is A CA who has been posting on here lately . Her boyfriend is a lawyer. He just got sued twice for $100,000 each time by a consumer for pulling about the same thing as this attorney is pulling on you. Do a search on kaykay29. Read her post and our answers very enlightening. Never read the fine print. There ain't no way you're going to like it.
Oh gosh I went to the court house to day. Oh man talk about scum. I got a copy of everything. They filed a complaint but have chosen NOT to serve me. Instead they served me with the case management announcement . Oh and they filed the complaint a few days after they sent me the "pay or we will sue letter." These guys don't care about verifying the debt. Damn they lied on the complaint. They say the debt is less than four years old and I have not disputed it. Well how could I dispute it? It has never been on my credit report until they put it there in April. Then they go to court and file a complaint against me a few days later. Talk about dishonest, sneaky and underhanded tactics. Re-age a debt and then sue for it all in the same week. OK guys donâ??t this sound against the law?
OK guys donâ??t this sound against the law? NEW MEMBERS READ THIS. http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=410243#post410243 -> Never read the fine print. There ain't no way you're going to like it.
I just sued CREDITONE, LLC for the same thing, an old debt beyond the SOL for an american general finance account, they sent me letter after letter and even send me a fake copy of a drivers license with a forged signature, I sued them, their attorney said that if I didnt dismiss with prejudice they would countersue for the debt (even though it was beyond the SOL, and take it to federal) I told them go ahead and do it, the judge wouldnt like the fact that the debt occurred in 1995, and the drivers license they sent me had an issue date of 1999...they sent me 2000.00 to go away.
