Breeze... The SOL in florida is 4 years. Doesn't the period that she was making payments NOT count against the SOL from the OC? It doesn't RESET the SOL but I don't think that period can count TOWARDS the statute. You are absolutely right...if the total time between CO and today is 4 years or more then she has them nailed to the wall.
Breeze, the complaint has absolutely no dates. If that date on my CR -10/2000- would not be considered a valid date, and FL allows Pleading in the Alternative, how would i word the statement about SOL? The Count 3 states "Defendant used said CC resulting in a balance owed to ----- of $----. I don't think anyone really knows when it was charged off.
Rondaben...your ID page will not allow for email. I'm confused about the SOL. I began making infrequent payments in February, 2000. I paid large amounts every couple of months with payment and late fees. After October, 2000 no other payments were made. So, i made late payments, but in the end i still made complete payments through 10/2000. I know i am missing the point . Here is the Complaint..short & sweet: 1. This is action for damages that do not exceed $5000.00 exclusive of interest, court costs & atty fees. 2. Upon Defendant's request, ----- established a credit account in the name of the Defendant, XXXXXXX, and issued a credit bearing the number xxxxxxx. 3. Defendant used said cc resulting in a balance of --------. 4. ----- has assigned the said debt to Plantiff, SA,LP. 5. Defendant owes the Plaintiff ------, that is due with interest since 10/03, in accordance with the attached acct. Attached is a ledger card from Sherman.
Re: Re: Summons They were all 30 days late. I was making payments to catch up usually two months at a time. I paid periodically every two to three months until i finally stopped paying from Feb through Oct. My ISP is really slow...and my computer is acting like it's taken over by aliens...i may not be able to get back to the post. I've been trying for 15 minutes...i keep getting kicked off or it just sits and does nothing. DSL sounds good after Tuesday. I can get to the email address easily if i can't get back.
Re: Re: Summons Why are you trying to complicate this. If the account was charged off by Sears in 1999 the SOL started approximately 6 months earlier - that is when you got behind and didn't catch up again. IT DOES NOT MATTER IF YOU MADE PAYMENTS LATER!! 1.This debt is out of statute. 2. THE BURDEN OF PROOF IS ON THEM. You take your credit reports if you want to (or send copies), it won't matter. If you tell the judge (or answer the suit) by saying that the SOL is up, then they have to prove that it is NOT. Here are instructions for answering a lawsuit when the debt is beyond the SOL http://community-2.webtv.net/YCHANGE/STORAGE/page2.html Now. forget about your payments, forget what's on the summons, forget your lawsuit against them. Just do this one thing right and you will be OK. All this other stuff is muddying the waters. You got some things in your head that have nothing to do with your situation. This is the only thing right now. Read this all very carefully and make sure you understand it, then do it - you'll be fine.
Re: Re: Re: Summons Sloyarole, where have you been? you're late. Go back and read when this was charged off - he went delinquent some time in 99 or late 98 - depends on the exact month of the charge off. Either way, it's past 4 years. FL does not allow re-aging except in writing. You know when you see that CA name it's probably out of statute - that's almost all they do.
LOL you really need to start your own thread. But, how old is the debt, and what state are you in? You stiffed your bk attorney??? What happened? BTW that's why most of them insist on full payment before they'll file.
Re: Re: Summons Good Lord...Ok..for the record...if her account is past the statue of limitations, by all means use that as an affirmative defense. I must be blind or dumb but I Don't see on a post where the chargeoff date was or when the first delinquency was listed. I was going on the last payments being in October and that there were no further payments after that. Sheesh. Calm down folks.
Has anyone tried to call a CRA and see what the charge-off date was? This date is to be reported within 90 days of the initial posting. Bethca it never happened. Also - Tooth, can you PROVE any of your violations? ???
Re: Re: Summons FL cause of action: Her delinquency date leading to the charge off constitutes the date of the cause of action for time calculation of the SOL. And it was probably delinquent before she thinks it was, because apparently she had a FCBA dispute going that Sears didn't resolve, or did not resolve in her favor - that's what this sounds like. She had brought a civil action against them earlier - they had refused her dispute. Most people stop paying the disputed amount at the time of the dispute. But Feb 2000 will do nicely for cause of action date. Sears was one of the meanest creditors around. They showed up at 341 meetings for $200 debts. They are no longer in the credit card business. They recently sold their accounts to Citibank, Citi sold the charged off accounts to someone, then they sold the out of statute accounts to Sherman. That's all Sherman does. If you see the name Sherman Aquisitions, you can count on the debt being out of statute.
Re: Re: Summons Gotcha, That's what I get for not reading the whole thing. IMHO - I think she should still countersue. But that's just me. .
Re: Re: Summons If she can prove her vilations, absolutely. I think I would get their lawsuit dismissed first, though.
Re: Re: Re: Re: Summons That's all I was trying to get at but he kept saying I made the last payment in October 1999. I was just trying to point out that prior to the charge-off date (10/99) the first late was before then I'm on the same page as you (and everyone else) in agreeing that this thing is past the SOL.
Re: Re: Re: Re: Summons Sorry, i couldn't reply to your posts. My computer crashed monday, March 8. Here are the facts: Purchase date from OC: 10/1999 I made infrequent payments starting 1/2000 until 10/2000. I was trying to retrieve the merchandise to return to OC during those months-(01/2000-10/2000). I had even filed a lawsuit to retrieve in 1/2000 and the suit was dismissed 9/26/2000...i was not successful. I DEFAULTED (stopped paying) 10/2000...thus my credit reports list 10/2000 as "Last Activity Date". FL state law states SOL begins at default. If default means 30 days late, i began defaulting in 1/2000...if not, my last payment to OC was a combination of 2 mthly payments, plus late charges made in September, 2000. I filed an Amended Answer, with help, stating passing of SOL/affirmitive defense. I also stated CA's petition does not list specific basis of claim, type of credit, or terms i requested, and had not provided facts that debt belongs to me or provided evidence of their right to collect. The Counter Claim listed 21 violations, i.e., Sections w/corresponding USC 1692 notations, along with each date Section was violated, failure on dates to provide validation prior to commencing debt collection activities, harassment and filing a friviolous lawsuit, and a request for monetary damages. Butch, yes i can document each and every violation. I have val. letters, CRB ltrs. refusing to delete, (which correspond to your "What is Val." -simultaneous request for val. and verification req. to CRB. I have a complete papertrail with CRRR for everything. The FCDPA violations are: Section 805 (c); 806 (5); 809 (b); 807/807(8); and 813 (a)(1)(2)(A)(B)(3) as well as FCRA Sections 611 and 623. I don't know if the SOL is valid, but i strongly believe i have cement evidence of non-validation and continuing collection practices for 7 months, harrassement after C&D, and they have just about ruined my credit score not withstanding the mental anguish i've endured. Is there a concrete answer as to whether the SOL is valid?
Re: Re: Re: Re: Summons Sorry, i couldn't reply to your posts. My computer crashed monday, March 8. Here are the facts: Purchase date from OC: 10/1999 I made infrequent payments starting 1/2000 until 10/2000. I was trying to retrieve the merchandise to return to OC during those months-(01/2000-10/2000). I had even filed a lawsuit to retrieve in 1/2000 and the suit was dismissed 9/26/2000...i was not successful. I DEFAULTED (stopped paying) 10/2000...thus my credit reports list 10/2000 as "Last Activity Date". FL state law states SOL begins at default. If default means 30 days late, i began defaulting in 1/2000...if not, my last payment to OC was a combination of 2 mthly payments, plus late charges made in September, 2000. I filed an Amended Answer, with help, stating passing of SOL/affirmative defense. I also stated CA's petition does not list specific basis of claim, type of credit, or terms i requested, and had not provided facts that debt belongs to me or provided evidence of their right to collect. The Counter Claim listed 21 violations, i.e., Sections w/corresponding USC 1692 notations, along with each date Section was violated, failure on dates to provide validation prior to commencing debt collection activities, harassment and filing a frivolous lawsuit, and a request for monetary damages. Butch, yes i can document each and every violation. I have val. letters, CRB ltrs. refusing to delete, (which correspond to your "What is Val." -simultaneous request for val. and verification req. to CRB. I have a complete paper trail with CRRR for everything. The FDCPA violations are: Section 805 (c); 806 (5); 809 (b); 807/807(8); and 813 (a)(1)(2)(A)(B)(3) as well as FCRA Sections 611 and 623. I don't know if the SOL is valid, but i strongly believe i have cement evidence of non-validation and continuing collection practices for 7 months, harassment after C&D, and they have just about ruined my credit score not withstanding the mental anguish i've endured. Is there a concrete answer as to whether the SOL is valid?
Re: Re: Re: Re: Summons No, the default, for statute of limitations purposes, is not the date you stop paying, it is the date you fall behind, which eventually leads to the charge off. Trust us, file an answer that this account is out of statute. You have nothing to lose by doing so.
Re: Re: Re: Re: Summons About your computer crashing - go download zone alarm - it's free - it protects you from viruses and hackers while you are online. http://www.zonelabs.com/store/content/catalog/products/sku_list_za.jsp?lid=home_zainfo it's the 3rd product listed on the page - very inconspicuous, because, of course they want you to buy it instead of getting the free one. You 'll see two big arrows, 1 for zone alarm pro, then zone alarm plus, and then underneath those, a little red button that says "zone alarm" and then "download" then "firewall" - that's the link to get the free version. It's easy to use.!! The go here and download spybot search and destroy: http://safer-networking.org/index.php?page=download YOu'll se this, and a button on the right to download it. It will catch can malicious programs on your computer, kind of like a bug trap. Chances are, you clicked on an email attachment that was actually a kind of virus. These little security programs will help keep your computer clean.
