I was awakened by the sheriff's dept Tuesday with a Civil Summons from Great Seneca Financial Corp on an old debt that is past SOL. Here's my panic...there's no consumer lawyer in my area & I'm scared to death to try to answer this on my own. I updated my CR last month and got some things corrected. Since then I have been innundated with calls to my home "unknown caller" or "no data". I have gotten a couple of VMML stating "this is a personal matter for (my name) and leaving a toll-free number to call them back. NO WAY! I'm NOT in a positiion to pay everything back and am afraid of restarting the SOL by responding to anything. I screen all calls not recognized. I'm NOT asking anyone to "do my homework for me" but I AM a newbie that has spent all day today reading and REREADING posts and beginner's info and still have NO CLUE how to proceed. I would appreciate ANY suggestions/help to figure out my next move. thanks! Rebecca
Are you absolutely, dead certain that the debt is past the SOL? Is it a very old debt? When was the DOLA on the debt? If you are certain that the CA has filed suit too late, don't panic. The CA is counting on you *not* knowing that there's a SOL on debt in your state and getting a default judgment due to the fact many consumers don't go to court. Again, don't panic. You just follow the process and procedure in your court. Just plan on going to court, filing an answer and raising the SOL defense. You're not compelled to respond to every telephone call and until the matter is settled, screen the calls and stay off the phone. If, by chance, someone does call you and you pick up, you have every right to say, "I don't know what you're talking about or who you are. It is inconvenient for you to telephone me." Then hang up.
THANKS Always for replying.... In NC the SOL is 3 yrs. On my current CR dated 2/18/06 it shows opening date 1997 date closed 3/2001 & date paid 1/2002 with remarks of "purchased by another lender. Est date to be removed is 2/008.(TU) Confusing thing is NOWHERE on the CR is Great Seneca Financial Corp listed/shown as a creditor. On EQ-2/26/2005- it's listed open-10/1997 DLP 2/2002 DLA 2/2002 date closed 3/2001 Again-no Great Seneca Financial Corp appearing. On EXP 3/4/2006-it's not even ON here! Now what? LOL :-/
Great Seneca doesn't necessarily have to be listed on the credit report. Did you ever get *any* contact from them?? No letters? The Summons was your first contact? The CA can attempt to sue even if the debt is SOL which means that you *must* file an Answer and raise the SOL defense. If you don't, they can obtain a default judgment so plan on answering within the time allowed on the Summons. You go to court, it gets thrown out.
well....since I updated my CR I've gotten 1 letter from the CA "tax season settlement offer"-must be received by 3/24/2006, which of course I didn't respond to. Had gotten other letters from other CAs in the past about them but never responded to them either. I DON'T answer my phone & screen calls if I don't recognize the numbers (and even google them if they DO show) LOL So....in answer to your question. Only one letter in the past year and THAT one was from Dominion Law Offices representing Great Seneca Financial Corp as listed creditor-4/25/2005. Dunno if they've called-I haven't called back the ones that DID leave messages(sounds like 2 repeaters so far) and I deleted those messages cause they didn't identify themselves just "need to respond to a personal matter for (my name)." Don't want to kick no sleepin dawgs but...don't wanna sit behind bars neither. LOL Won't help the hospital out when I can't show up for work or lose my job & lose my house. LOL Hope that answers the question & will be waiting for your reply. Gotta get ready for work...7p-7a. :-/ Thanks again-appreciated more than you know! Rebecca
oh....HOW do I reply? By that I mean, what do I say & to WHOM? Directly to the CA or go through the courts/Clerk of Courts? thanks again!
You must file an Answer with the Clerk of the Court and within the time allowed on the Summons. (It says who to file an answer with on the Summons.) Don't delay. From what you've posted, you wouldn't necessarily need a FCRA/FDCPA attorney for this issue but it might be to your advantage to have an attorney in your area look over the Summons. It sounds cheesy, but you may want to look in the "Yellow Pages" under "attorney" listings because Summons are served all the time. Depending on your location, it may cost a few hundred dollars for representation but you don't want to make a mistake in your filing. If this process is very, very new to you, you don't have time for a learning curve. You want to Answer, but you want to have it filed appropriately with the Court. If it's 10 days or 20 days, you want it done and done correctly. Plan on bringing a copy of your credit reports to the attorney to show them that the debt is past the SOL and a copy of the Summons. Explain what you want them to do and that you want to Answer the Summons -- with the SOL defense.
also, since ALWAYS didn't bring it up but Seneca is probably hoping you don't know your rights and will either pay or not show up which will give them a default judgment.
Many have underestimated me, to their sad surprise! ROFL I ain't gonna go down on this without a fight! ;-) Thanks Always! You too Jen...you go gettum girl! LOL We's gotta stick together, ya hear? ;-) Rebecca
thanks Jen....at this point I REALLY NEED someone to watch my back! Between this credit problem & boyfriend(now ex-as of last week) problems I'm goin a lil nutty! sob.....can't sleep, eat & smokin like a chimney..lol oh well....ain't gonna say it couldn't be worse. Biggest thing I'm worrying about with the summons is....who else will "find" me & decide to play hard ball. Yup...once I was blonde but now grey is creepin in! ROFL note to self...make appt with hairdresser... ;-) Pray for me ya'll...I called several law offices here in town to find a lawyer & got one finally that told me to call back after 2pm. Thank you Lord! Hope all are having a great day!
If you can't get a lawyer, Email me at byronkuenzel@hotmail.com, I may be able to help you with your answer.
OK ya'll...here's the results of the "lawyer consultation"....asked for $1000 retainer for 5 hours of work. Plan was to file motion to dismiss based on SOL being past, argueing that Great Seneca Financial Corp had not provided evidence sufficient to validate the debt nor that the debt was mine, and counter sueing based on deceptive collection practices(but he didn't tell me how much or anything). When he saw my face drop & I told him that I didn't HAVE $1000 he said maybe I should think it over & IF I still wanted to have him take the case then he'd accept $500 downpayment & work with me on the other $500 being paid as I could. He's going to be out of the office until 4/24 but said I'd still have enough time to file within the time limit and to just come back with all my documentation/file and we'd start doing what needed to be done. I was surprised at first with how he was going to tackle this. First he said he was going to file for an extension of time to "prepare". Then I told him what I knew and how I'd thought it would have been approached based on what I'd been reading on the different debt websites & credit info available to me. I think I ticked him off. LOL :-/ anywho....I told him that he was talking to a "tired mind" since I worked last night & had been up over 24 hrs & was a foggy brain trying to take in all he was saying. He kinda dismissed me at that point & said for me to think about it and just come back if I still wanted him to handle it. Sigh...... Here I was so proud of my file I had to present to him & the knowledge I had about what they(the CA) were doing and he just burst my bubble bad! Least he agreed that they were being unfair & violating the FDCA. LOL Outside of that I really DO think I ticked him off but he was nice about it. LOL Soooooo.....what you guys think? Can I do this on my own or should I just let him handle it? It's gonna cost me more than I have right now but I DO want to do it right so.....help ya'll....give me some input! pleez? :| Would ever so much appreciate it. Gonna get me some sleep & I'll be back later! Ya'll have a GREAT day! This lil blonde chickiepoo is tard tard tard! LOL God Bless! @};-
Call another lawyer, but keep this one on reserve. You may be able to find one with a lower retainer but he's essentially told you what was here online. You have to keep in mind that you *must* have an Answer filed with the Clerk of the Court by the time frame stated on the Summons. Every day that passes is a day missed in getting the job done. How large is the debt in round figures? From what you've stated, if you file a counter-suit against Great Seneca, and win, they pay your lawyer fees so you'd recoup any money for his services. For example, if there's a $1,000 violation, he sues for the $1,000 violation and his $1,000 fee which makes it $2,000. Be sure to ask him about that but continue interviewing lawyers. Keep it moving. A $500 retainer is not unusual and if this is a large debt where you run the risk of a potential default judgment, it may be $500 that's well invested.
Thanks for the advice and will be taken. I've been kinda in a fog the past few days but plan to go back to the lawyer. Better to let an expert handle it than botch it myself and get in more hot water. I didn't even THINK about the countersuit angle. LOL I appreciate all the tips & thoughts...really. It's just been so much crap at one time and I've felt like a drowning cat. It will get better though....one step at a time!
NClady, What is the judgment date and what state is it in? Are you in the same state as where the judgment took place? If they are in violation of the FDCPA, be sure to document it. kansasdan
Kansasdan So far there is no judgement...only the summons to civil court with the possibility of them gaining a judgement IF I don't answer in some form or other. The CA coming forth now is in VA while I'm in NC BUT...the letter I've been receiving from them states that they are licensed in NC as well as VA. Offices in Va Beach, VA & Greensboro, NC. It's Dominion Law Associates that is bringing the complaint for Great Seneca Financial Corp(listed as the creditor). I've NEVER had any kind of account with Great Seneca. It's an old debt that they bought from another CA that bought it from GM. It's been a LONGGGGGGG road of collections but bottom line is....it's past SOL in NC for suit and according to everything that I've read here, as well as what the lawyer said that I visited, they are using deceptive practices to collect on a debt that they KNOW is past SOL. They call my house several times a day sometimes(always either unknown caller/no data or an 800# that I've backtraced that identifies the caller as Dominion). I'm writing down the dates & times as well as saving the letters I'm getting from them. As soon as the lawyer is back in his office(the 24th) I plan to take it all to him and retain him to handle it. On top of Dominion, this week I got ANOTHER letter from a different CA that is "offering" a settlement" if I don't dispute that debt. It also is well past SOL so I'll probably get the lawyer to handle that one as well. Sigh.....ya know, it's really strange that the biggest old debt that I had hasn't gotten to me yet. I'm just waiting for that one to pop up. I wanted to do the right thing and pay them off but it's hurting me more to do that than just to let it ride out. I can't believe that trying to correct the incorrect stuff on my CR started some of this mess! I didn't file bankruptsy because I don't believe in it, even though after visiting the bankruptsy lawyer and telling him what and how I got into the financial trouble that I did, he said "you deserve a break and a clean slate after all you've been through" I didn't do it! I've always tried to be responsible and pay my debts....sometimes though, you just can't. I'm doing better now, keeping everything straight and living without credit and not worrying about not having it but....sure would be nice NOT to have to worry about stuff that I absolutely can not settle/pay and would hurt me more IF I could pay it all back. I've learned my lessons and I won't make the same mistakes again. I'm just tired of fighting ugly! Most everything negative on my CR will drop off within the next year & a half or two at most. I've learned NOT to answer the phone and haven't answered any letters that I've gotten. Most of the CA's have been resold or given up. I DID manage to have 2 old debts that were reported as new ones deleted from my CR, which is how all this mess restarted! I'll see how my lawyer handles it all, cause it's getting to be more than I have time to deal with myself and I can't let them continue to harrass me like they have been. So....with that....I'll let ya'll know what happenes. I appreciate everything that I've learned from you guys/gals and trust me, it's gonna be passed on to others that I know are in the same boat and to those I see headed in the same direction! Life is hard enough sometimes that it doesn't need to be made worse! If we all keep stickin together and apply what we learn & pass it on to those who don't read/know how to get the info then maybe, just MAYBE those CA's can be slowed down a bit...they'll never be stopped. That would be a fairy tale for sure! LOL But...least they'll know SOMEONE ain't gonna go down without a FIGHT! ;-) Take care ya'll....I'll be learkin! lol
Be sure to answer the summons so they dont get you by default! If they get you by a default judgment right or wrong they can get to your bank and maybe wages. Good Luck! Not Legal Avice. http://www.acostajudgmentenforcement.com
