Regarding the 180 day wait before the 7 year reporting clock starts. Yes! Thank you for the clarification. The delinquency period before "charge off must occur" is 180 days. This is to prevent a creditor from waiting years to "charge off" in order to extend the clock, as in the 2 year charge off example you gave. In my experience, the charge off for most large banks is actually 3 months. Smaller creditors may wait the 180 days.
Why Chat, (Update on the summons) I filed everything in on time, with my SOL Affirmative defense. Yesterday, I received letters, from the CA, that they're asking the judge to dismiss my Affirmative Answer...because I've provided no proof, have no defense, and that the date of my last activity was 11/1997...which is the WRONG date. <<All of this for $342.00; that was charged off years ago by the OC>> I have all 3 CRs. On each the OC reports DOLA as 11/1996...and get this..."Paid/Never Late". I've managed to make an appt. with an attorney, but I don't know yet if he'll handle it or not. In the meantime, I want to be as knowledgable and prepared as possible. I've also sent them a validation/C&D (written comm only) letter; to which they've responded with 6 phone calls so far this week. Any other thoughts/suggestions? Thanx in advance.
Why Chat, (Update on the summons) I filed everything in on time, with my SOL Affirmative defense. Yesterday, I received letters, from the CA, that they're asking the judge to dismiss my Affirmative Answer...because I've provided no proof, have no defense, and that the date of my last activity was 11/1997...which is the WRONG date. <<All of this for $342.00; that was charged off years ago by the OC,so they say.>> I have all 3 CRs. On each the OC reports DOLA as 11/1996...and get this..."Paid/Never Late". I've managed to make an appt. with an attorney, but I don't know yet if he'll handle it or not. In the meantime, I want to be as knowledgable and prepared as possible. I've also sent them a validation/C&D (written comm only) letter; to which they've responded with 6 phone calls so far this week. Any other thoughts/suggestions? Thanx in advance.
File YOUR response with the judge responding to THEIR request that your affirmative defense not be accepted. State that you DO have evidence that you are prpared to present of the validity of your affirmative defense that the action is time-barred. State that it is up to the PLAINTIFF to provide evidence to the contrary. State further, that this attempt by the plaintiff to circumvent the normal rules of civil procedures could be considered an abuse of proccess subject to appropriate actions by the Court. Add this; In view of these actions by the plaintiff, I am hereby requesting a declaratory judgment dismissing the plaintiff's case with prejuidice. Send it CRRR to the Court with a copy to the plaintiff.(make sure you have the docket # and identifying information on top)
Why Chat, Thanx for all of the useful info. (This case really just boggles my mind.) I've also looked into the licensing requirements for the St of Mich; and Asset Acceptance is not listed. But, there is an exemption for out-of-state agencies that I need to look into further. (They're based out of Ohio.)
Out of State CAs are only permitted to use interstate collection methods in Mich. that is, tel. mail fax etc. They are NOT allowed to file a lawsuit. Unless they have sold the debt to the Mich. lawyer who filed, he is representing an out of State CA ILLEGALLY.
The attorney is the "Plaintiff's in House Counsel", or so it appears on the Summons. Everything I've read so far supports what you've said about out-of-state exemptions. Very interesting!! (Feeling better)
