Hi Everyone... I've been a lurker on this board for a couple months and have been able to raise my scores 45 points with some of the advice I've gotten here. Unfortunatlely, today I got in my mailbox a summons from my county court for a lawsuit filed by New Century Financial on behalf of Providian. The account was opened in 1998, and went charge off in 4-2000. The account has bounced between a few collection agencies, but now is with New Century. They've apparently retained some local law firm to file the suit. The summons came by mail to my old PO box and was forwarded. It did not get signed for, and isn't certified. I already have another judgment that I have to find out how to take care of... it's from Finanical Credit Corp on behalf of Bally's. It went to default judgement in Sep 2000, but is for a membership contract from 1995. Anyone know if I can move to vacate the default, then use the SOL to avoid paying? I cancelled the membership at the club within the 3 days of signing, then never heard anything again until I found it on my credit report. Thanks in advance for any help!! Scoob
No such luck... I was an idiot and believed the Bally Sales weasel that they would cancel the membership... and up until the point that I saw the judgement on my credit report, I didn't hear anything from them.
Why Are We Always The last Ones To Know ?????? ????????????????????????????????? ??????????????????????? ???????????????? ?????????? ???????????
To save time and money get copies of the judgment, and then do as breeze said find an attorney. In some states verbal agreements are binding and they have the burden of proof. Tuit
I am not sure but I don't believe they can refile against you if you get the judgment vacated. As to the SOL I think you said the accounts were charged off in 2000 so you need to see what the SOL is in your state and when you first became delinquent and never caught up. I am not really the one who should be answering your question, maybe Lizardking or Breeze will offer something more solid. I am having trouble with my server right now, keep getting disconnected sorry to be so slow. I'll try to go back and read your whole post. Tuit
Ok, I see you have received a summons, you only have so many days to answer or they will get a default judgment, so do as breeze suggested and talk to an attorney ASAP! Tuit
Yes, Tuit is right to agree with me You do NOT want to screw this up. I think you can get them all for good, but get a lawyer to do it. If you make a mistake you will be dead in the water.
Any recommendations on how to find a good attorney that can handle CA's?? Thanks again for all the help! Scoob
