I have a question that hopefully that be can be answered... I moved from the State of Indiana in 2001, my parents just received notice that I am being sued for a NSF check from 1996. The amount of the check was $28.67, and they are suing for around $231.00...So my questions are the following: 1.) Is the SOL Past on this debt? 2.) Can they sue me in the State of Indiana if I no longer reside in that state? 3.) I have not recieved any notice in mail, are their possible violations that I have them on? I believe this claim is invalid because I declared BK in '98 and claimed against the company that held the debt then. This is my proposed plan of action: 1.) Call my lawyer and confirm that I declared BK on this Debt. Then request a continuance and permanent stay in this matter. 2.) Send a letter out to the Attorney that is suing him to validate this debt...no check/ no validation. 3.) If the BK filing is confirmed, counter-sue for damages for violation of US and State BK laws that protect from this continued collection activity.
I am not a lawyer but my guess is #2 is true. Otherwise people would cash bad checks in other states and then run from the law. Can I ask if you paid the $28.67 back?
It seems loads of people are having a similar problem I read. Try a search, I bet some of the others have answered your questions. Be patient, sometimes the search is slow
The check was written in 1996 by my ex fiancee. I didn't find out until early 1998, and by that time I had no money to spare (really bad part in my life) anyways so the short answer is no, it was never paid back. I'm digging out my schedule of creditors as we speak...it was held previously by the cb of laporte. This, i believe who i filed on...however the oc was a grocery store.... This is what I have A motion for stay of proceedings against Credit Bureau of Laporte...and on my schedule f......Credit Bureau of Laporte it lists....Collection of amounts for Methodist Hospital, Nipsco and suit. The suit vague however, and don't know if it will hold up in SC Court. However I am thinking of Paying them and then going after them after that.... PolarisA3
Just what kind of notice did your parents receive that said you are bein sued? If it is in fact a lawsuit, and you don't live at your parents house, or even in that state, I would venture a guess that the service of process is bad. Which means for starters, you should be able to have the service quashed. Of course, this is only a stall tactic, as they will continue to go after you.
The notice was A summons notice from the Lake County Indiana Sheriff's police for Small Claims Court on Dec 12. PolarisA3
OK. How was it given to your parents? What I'm getting at is if they served your parents for you, and you don't live at that house nor do you even live in that state, then the service of process is most likely invalid. That would make the lawsuit invalid at this point, until such time as you are properly served.
It was left in the mailbox as my parents were not home at that time. She called me here in Illinois as soon as she received it, I will be going to their house on Sunday...so should I contact the Lake County Small Claims Court at this point, or the Attorney that files the Suit? I know that NSF Checks are treated as Debt once assigned to a CA...however this passages of the FDCPA bothers me... (a) Any debt collector who brings any legal action on a debt against any consumer shall -- (1) in the case of an action to enforce an interest in real property securing the consumer's obligation, bring such action only in a judicial district or similar legal entity in which such real property is located; or (2) in the case of an action not described in paragraph (1), bring such action only in the judicial district or similar legal entity -- (A) in which such consumer signed the contract sued upon; or (B) in which such consumer resides at the commencement of the action. (b) Nothing in this title shall be construed to authorize the bringing of legal actions by debt collectors. PolarisA3
She was on the bank account; however I do not have a copy of the check. I'm wondering if the attorney suing has a copy of it. So I need to sned a validation letter to the Attorney ASAP I believe. PoalrisA3
Here's a summary of the laws for your state. Why are they coming after you? Normally the person who >signs the check< is the one held liable. Radi8 STATE: INDIANA INTEREST RATE Legal: 8% Judgment: 8% STATUTE OF LIMITATIONS (IN YEARS) Open Acct.: 6 Written Contract for payment of money (executed before 9/l/82): 10 (executed after 8/31/82): 6 Written Contract (other than payment of money): 10 Written Contract for sale of goods: 4 Domestic Judgment: 10 on real estate 20 against the person Foreign Judgment: 10 BAD CHECK LAWS (CIVIL PENALTY) Triple check amount up to $500 over check amount, + attorney fees & interest up to 18% per annum or triple check amount + attorney fees and interest at 8% per annum. GENERAL WAGE GARNISHMENT EXEMPTIONS 75% of disposable earnings for work week or the amount of 30 x fed. min. hourly wage, whichever is greater. COLLECTION AGENCY BOND & LICENSE Bond: $5000 each office License: Yes Fee: $100 plus $5 per annum, each unlicensed employee $30 branch office $80 - Renewal Exemption for out-of-state collectors: Out-of-state collectors are exempt from licensing if [1] collecting for a nonresident creditor; and [2] collection activities limited to interstate communications (phone, fax, mail).
This is a good question, and the only answer that I can come up with is that she wrote the check at the grocery store, we had a joint account, and the account at the grocery store (check cashing card) was mine as well. Thanks for the info about the state of Indiana. Does anyone know if I have the attorney on any violations? I am typing up a Motion for stay of proceedings and will submit this to the court, I am going to base this upon my BK info from '98. PolarisA3
Question: Does the SOL in this matter fall at 6 years, or 10 years? A check= a negotiable instrument, which is covered by the UCC Art. 4 Correct? However, is a check a promissary note as well? PolarisA3
If the debt was discharged in bankruptcy, it doesn't matter. Answer with that. They are bottom feeders, just filing against you along with a gazillion other scared consumers, who will not show up in court. They plan on getting a default judgment against you. They didn't plan on you being a creditnetter, hehe. I would answer with the fact that the debt was discharged in bk, if they still want to proceed, then file for change of venue. They have to come to you if you say so. If there is a court date set and no time to file written answer, then show up or have someone show up for you.
Breeze: Thanks...I'm going to use the BK as an argument, but I want to have all my bases covered, since in the BK filing I didn't list the OC, I listed the then CA at that time. So I feel that my defense may be shaky, which is why I'm following up with other avenues to launch a multi-pronged attack. I have all of my legal forms from the BK and was thinking of submitting the motion of stay of proceedings with the BK as the evidence. I just don't know how to submit a motion, as all the legal forms from my BK show that it was filed in open court, so I assume you must schedule an appointment to file this. Also, do you think should I counter sue? I never received any notice from this attorney, as such aren't they supposed to give 30 days for verification? Thanks to this wonderful site I have learned so much about the BS CA's try to pull...I'm deeply grateful to all of you out on this board! PolarisA3
This debt was discharged in bankruptcy, the way you filed it. They are in the wrong, period, they are trying to collect on a debt that has been discharged in bankruptcy. No, they don't have to give you 30 days. And you don't validate something like this. Being sued is totally different than a debt collector calling and threatening. This is real. If you have time, then send them a letter, CRRR. If you don't have time, show up in court with anything you've got to support the fact that it was discharged in bk, ask the judge to dismiss the suit. If he doesn't, then ask for more time. See that site for the proper forms to file for dismissal. There may be something there for debts discharged in bk.
