If I pull the 3 CRA's will it alert CA's or OC's. I also want to try to get a checking account if at all possible. The SOL in IA is 4 yrs on open and 5yrs on written and I want to be sure I don't stir anything up at this point (it has been more than4 years). Another question - is there ever a time that CC's are considered signed under seal. I have no foreclouser, repos, promisary notes etc., just CC's and I have passed the SOL but I no that I could still be sued. Don't want any flags!!
You pulling your own report shouldn't alert anyone to anything. Why do you think you can still be sued? That's the whole point of the Statute of Limitations--it limits the time for them to sue you. If they try, you just show up in court and tell the judge that it is past the Statute of Limitations and the case will be dismissed.
Re: Re: Does self pulled CR raise flags? This is your defense IN CASE they try to sue you is what Hedwig is saying. Anybody please correct me if I am wrong; even if they re-age the account it would not matter, it is still out of the SOL.
Re: Re: Re: Does self pulled CR raise flags? Thanks Ice_Siren, After giving it some thought I think your right. If I understand correctly, Re-ageing has nothing to do with the original default date. So if there hasn't been any activity on the account since default and the SOL are past what would be the point of re-aging? Just to make a consumer's life more misrable? I'm going to go back and re read about re-aging, maybe it was one of those late nights and I didn't quite get it! Lin
Re: Re: Re: Re: Does self pulled CR raise flags? Their point is is that most people don't know their rights and there is a possibility that they can get those people to pay by using any means possible. I have one account on my TU CR from Arrow that is for an account that was obsolete in 2002. I remember the first time I saw that I was like what the! I didn't know what to do with it at the time except I was NOT going to pay it! Now I know.
Re: Re: Re: Re: Re: Does self pulled CR raise flags? Knowledge is power! I know there are many people that abuse credit but for others there are legitamete circumstances. It's bad enough that you spend the SOL yrs looking over your shoulder and 71/2 yrs feeling like a non human but to have to fight for your rights to maintain more than a mere existance beyound that is the pits! Thanks Lin
Re: Re: Re: Does self pulled CR raise flags? How do you keep that from happening? Wouldn't it show up on public record when they file? Wouldn't they have to make some attempt to serve you? Thanks Lin
NEW MEMBERS READ THIS. http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=410243#post410243 ************************************************************1*How do you keep that from happening? 2*Wouldn't it show up on public record when they file? 3*Wouldn't they have to make some attempt to serve you? Thanks Lin ///////////////////////// 1*You Don't: That's why it happens. 2*Yes,but what does that tell you when you don't know it happened? 3*That's the problem attempt and success are 2 different things. The way default judgments are handled is the problem.
Ummmm.. 2* So if I'm understanding you right a consumer needs to monitor their public record on a regular basis. If something comes up - respond in court with the SOL defense?
You have to be served. The only time there should be problem is if you moved and they can't find you. In most states, they have to show proof of service. The problem is that a lot of people think if they get a summons but they owe the money, they don't need to do anything. So they don't answer and don't show, and there is a default judgment. If you EVER get a summons, answer if. If you need help, ask here. But they do need to serve you and go to court before they can get a judgment.
Re: Re: Does self pulled CR raise flags? That makes it a lot more clear and was my thinking. I've done a tramendous amount of reading and it seems there's an exception to every rule. It's very hard to nail down the facts. Another question I have is how would a person know if the debt had been tolled. If the person never moved out of state or hid out as they call it, could the debtor still toll the debt somehow and how and where would they do it?
Re: Re: Re: Does self pulled CR raise flags? In MOST cases (meaning check your state to make sure you are not the odd one out) there are only 3 things regarding collecting debt in which it can be tolled. 1. You make a partial payment. 2. You have some kind of written promise to pay the debt. 3. You put in writing that the debt is yours, so you just fessed up to ownership. The other things are moving as you said or being a minor but these don't pertain to you. So you should be safe from tolling. Again as far as getting served, the CA needs to make sure that they are not trying to litigate an expired (SOL) debt. If they do so, I can't remember where I read this, I think in the FDCPA, they are making a false claim on the status of the debt which is a violation.
Re: Re: Re: Re: Does self pulled CR raise flags? 1* No partial pmts 2* Some of these credit and bank cards were opened so long ago and kept being renewed. I don't remember if or what was signed. All were unsecured ie dept. or credit cards with cash advance and or check features. Thats the area thats so gray to me. I would think you could not sign a promise to pay if there is no balance until you use them. Would'nt these all fall under open ended? 3* No
Yes, remember we are talking about collecting on the debt not when we created it. If you have no written promises to pay the CA after the damage was done, then there is no issue. If this doesn't make sense, I will try again when I wake up and more coherent.
There was no promise to pay any CA. I guess my thougt at the time included the OC. When you get a credit card 1*is there a promise to pay in any of the print that comes with the card if it is unsecured? 2*Is it considered in writing when a CC comes with cash advance checks that are unsecured? The more I read the more it is less clear. This is very gray to me and I'm sure to others. Ooops, I can see now what you are saying so it wouldn't apply to me. Would still like an answer to to my last 2 questions. If the answers are no I could have stopped worrying over a year ago! This may save someone else a lot of extra grief!
2* So if I'm understanding you right a consumer needs to monitor their public record on a regular basis. If something comes up -- respond in court with the SOL defense? In =========== Basically yes.
