I have a c/o from MBNA 12/01 for $3500. NCO has had this debt and harassed me to death at work, calling other employees telling them my personal business, continually verifying my employment, etc. Anyway, I got a letter from an attorney in my state (SC). It's says RE: ASSIGNEE OF MBNA NCO. Dear XXX: The above referenced claim against you has been referred to this office for handling. Verification of this debt, a copy of the judgment or the name and address of the original creditor, if different from the current creditor will be requested if this request is received in writing within 30 days of this letter. Otherwise the debt will be assumed to be valid. To make arrangements to pay please call Sandy. THE FACT THAT YOU HAVE 30 DAYS IN WHICH TO INDICATE A DISPUTE MAY NOT PREVENT US FROM FILING THE LAWSUIT WITHIN THAT TIME. THIS COMMUNICATION IS FROM A DEBT COLLECTOR AND IS AN ATTEMPT TO COLLECT A DET AND ANY INFO OBTAINED WILL BE USED FOR THAT PURPOSE. ?????????? We are closing on a house tomorrow. The mortgage will be in my husband's name but my name on the deed. Should I leave it off completely so they can't put a lien on the house???? Do you think they will sue me? It's from a real law firm in Columbia, SC. My husband is furious with me, I thought this was over. Do you think they have already filed suit? Is there anyway to find out? I am thinking - almost positive it was charged on 12/30/01. I know it'll be off my credit in 2009. So has the SOL already passed, isn't it normally a few months before the actual charge off date? Any help would be greatly appreciated. Thanks so much
Did you request validation from them? Dear XXX: The above referenced claim against you has been referred to this office for handling. Verification of this debt, a copy of the judgment or the name and address of the original creditor, if different from the current creditor will be requested if this request is received in writing within 30 days of this letter. Otherwise the debt will be assumed to be valid. My husband is furious with me, I thought this was over. Do you think they have already filed suit? Is there anyway to find out? I am thinking - almost positive it was charged on 12/30/01. I know it'll be off my credit in 2009. So has the SOL already passed, isn't it normally a few months before the actual charge off date? Any help would be greatly appreciated. Thanks so much [/QUOTE] You need to verify the date of charge-off for certain. Two sources I checked show an SOL of 3 years, which explains why they are pushing now. They only have a couple of weeks. However, if it scheduled to fall off your report in 09, they are showing a date in 02. I would start by sending validation...
They might sue you eventually. Request validation as jlynn suggested You would have received a summons if they already started the lawsuit process. You can always check with the clerk in your local county civil court The sol begins to run on the date the account first went delinquent, so yes, it probably was a few months before charge off. Just as long as the account has never been brought current, the SOL runs from the date it first went delinquent
