My DH received a "complaint" that was filed in small claims court from a collection attorney via US Mail. It is for a cc and DOLA claims to be 11/2000. I've read through many posts on this board but would like to know if any of you with more experience in this area could help me with a couple of questions: 1) DH has not yet been served with a summons. Is there any action we need to take now? 2) I feel this is past SOL (DOLA should be 1999- I live in TX and SOL is 4 years). Is it too late to request validation? 3) Any direction to best resources I could study on how to prepare my "Answer". Here is the info. from Equifax about the account: Account #: XXXXXXX Account Owner: Individual Type of Account: Installment Date Opened: 11/1994 Date Reported 3/2004 Date of Last Activity: 11/2000 Rate or Status: Charge-Off High Credit: $1,501 Terms or Monthy Payment: $45 Balance: $996 Past Due: $996 Comments: Charge-Off 24 Month Payment History: 30 Days Past Due: 6 times 60 Days Past Due: 3 times 90 Days Past Due: 3 times
Request Validation! No! see answer to #1! I don't know the answer here, I'm not a lawyer! Do a search here for "answer summons" Basically you admit only to your name, address, SSN, etc. but you deny all other allegations! Maybe someone else here will be more help to you with this good luck!
If the last payment was in fact 1999, it looks like they put down ll/2000 to appear to just be within SOL. If this is a CA, what does the CRA report as the original date of delinquency, as required to be reported by the CA? Was there a TL posted by the OC, and if so, what does the CRA report as the original date of delinquency from them? Alternatively, what does the OC have for this date, or do you have bank or check records that show it? It would be interesting to nail them on deliberate blatant re-aging on a past SOL debt, particularly if their re-aged date is not just submitted to a CRA, but to a court.
Note: Date of last activity is not necessarily the original date of delinquency, although it is often assumed to be. You want to get the original date of delinquency, both as part of validation from the CA, and from the CRA based on what they are reporting.
Re: Re: complaint served This is a law firm who is a debt collector. They are not on DH credit report. The OC (a credit union) does not list original date of deliquency on credit report (conveniently left that blank). The credit info from EQ that I listed in my first post is the only info. that I have. I am waiting for this law firm/collection agency to validate. Is a collection agency or lawyer allowed to sue in small claims court?
Re: Re: complaint served By all means, request validation. But also check directly with the CRA on the original date of delinquency. The OC or CA is required to provide this to the CRA within 90 days of reporting a TL. (How else could the CRA remove it after 7 years, as they are required to do?) You could also just call the OC directly. What do you have to lose?
Re: Re: complaint served They can sue in small claims, and for the amount of the account according to the report, chances are that's the venue that's most efficient. How far is the CA & the Attorney away from the small claims court?
Re: Re: complaint served The OC is a Credit Union located in my city. The attorney is about 40 minutes from me.
