Hi all, Last year when we try to get a mortage loan, I just found out that I have several chargeoff account, one from 97 in the amount of 5.5K reported on CRA/ (CA's letter said is 7K, The name on the letter doesnt match my name( example John Dove vs Jack Dove), but is under my SS#, Lic etc( I guess was that teh account was open by a close friend/roommate back in the 95-96). To make the story short, after several nasty calls I found out who they are. I did write letter to CRA disputing the account but they claim is verify & update. The original creditor DID delete the record, but the 1st CA & 2nd CA didnt and they have listed on the record until 2004?! The 2nd CA keep sending letter to my old address and of course harassing that if they obtain a judgemnet against me I will #%$% ectcect.. I got so sick of playing phone games & writing letter explainnign they made a mistake, thanks to my spouce exellent credit, we now have a house under both our names. but I am concern this Debt would become a issue. My question is IF THEY EVER SUE 1) They would have to serve (summon) me in order to sue me, right? Not as they claim if I do not respond they can file suit & get jugment against me. 2)From the CRA report, this debt is back in 96-97, isnt that past the SOL for State of CA? How can they file suit knowing is past SOL? 3) How can they sue when the names on the debt dont match with mine? 4) what are the steps I should take now, send dispute, validate letter or just ignore? any suggetion will be greatly appreciate! MRei .
If these debts are old credit cards, then yes, they are past the SOL in California. They can sue you, but they can't win. If your ex roommate did this, then that is fraud. There are many people on here who have been vicitmized this way, and they can probably help you handle this.
Thanks alot. If I can evr find the guy...uh,,,I cannt imagin what I will do..I did find out it was ccard account..so they are just trying to scare me, hoping I will beg them to take my check..right!? any suggestion is greatly appreciated!
Send this letter, but delete the part about contacting the original creditor and insert a sentence like this: "this debt is not mine, I have been a victim of fraud. However, even if it were my debt, it is well past the statute of limitations in this state." http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&pgnum=1&postid=85498#post85498
tHANK YOU!! (2 Brzee) I will copy & paste & save it in file. I wonder what else this ppl can do beside sending letters wasting stamps now..
Update.. Got the CRA new Creport, the 1st CA delete the record (after my 3rd dispute), but on the 2nds CA, it remaid as verify & update! The CRA also wrote, please contact credit grantor if fraud is suspected.. ..so what now? I have to contact the OC ??The address of CA on CRA report & Collection letter dont match, the names aspears diffrently...where should I send to? address from the CRA or C letter?
Only contact and dispute the account of the person or comapny who is reporting it on your credit report. For example if NCO Collection agecny is listed on your credit report as the company who is reporting an old collections debt such as citibank visa, but citibank visa is NOT reporting or showing on your credit report, you would only dispute it with the company who is supplying the info which would be NCO. Contacting the creditor if they are not the one's reporting it or showing on your credit report really does you no good since you have to dispute it with the person or company who is supplying the info. As for the CRA keep disputing it until they send you a letter stating your dispute is frivilous. I have dispute an account 9 times before the CRA finally removed it, I never received a letter stating I could dispute an account any longer. It is your right! Over time the CRA will get tired of disputing and either by error or frustration they will delete. It's called spamming the bureaus, and it works! Tac
Just a quick point. If they sue you and you DON'T go to court to fight it they can get a judgement - a default judgement. To assert the Statute of Limitations as a defense you have to go to court and do so, the creditor certainly won't bring it up and the court will not necessarily offer it as a defense on your behalf.
yeah..hal thanks for bringing that point..but in order to sue me, they have to serve me first, so I will know to show up., & conta-sue them? I should send a ltter to Ca reminding them is past SOl..?!
----In respond Love @ another post( somehow I couldnt post over threre!!) Hey Love.. The way I found out about this acc was that the c-report is listed charge off/past due 04-97(until 04-2004), after reading you experts post here, I figure out what SOL was, validation letter & how you CAN even dispute with CRA..I was totally idiot, and belive me, I probrably would paid it off just to get it off my credit report../but I found ya all...THANK GOD! This CA doesnt even know where I was until I disputed w/ CRA, what is funny is that everytime I dispute w/ CRA, they send me a Cllction Letter at the same time..what R they thinking?( of course all the phone calls came 1 week after I 1st dispute w/ CRA..I am damm sure they share info.....) Hey Bz.. Yeah, I do have the acc#, what is a good address to send to, the one on CRA or Collection letter? Should I include my real name or the mistaken name they use? BTW..thanks folks for taking time reading my post..I am sure there is more ppl out there that need ya imput..thanks alot ..Peace....
The reason the courts cannot pre-determine te issue on the basis of a SOL is because the SOL is not absolute. The time can be "tolled" if someone has fraudulently evaded service, been in jail,been in a mental hospital.
The time can be "tolled" if someone has fraudulently evaded service. been in jail, been in a mental hospital.---- So in this case you are committing a crime if you're put in jail or committed to a mental dospital
The time can be "tolled" if someone has fraudulently evaded service. Why Chat : What would be some other examples of fraudulently evading service? Why Chat 0r anyone?
One of the most frequent cases of fraudulent evasion are the people who use the phony "debt repair" services and change their ss #, move,use a different name etc. Being in a mental hospital or even jail and having the time "tolled" is not criminal, just a fact of the law,(in some States) By the way, tolling rules --just like sol's and cause of action vary from State to State.
