Also, the SOL runs out on this June of this coming year 2007... i guess thats why they are doing something now instead of the past 5 years. NY SOL law is 6 years. I have lived in NY for a year now, but the debt incurred in NC where the SOL law is 3 years. I guess that doesn't matter? It's where I live now that matters?
I want to be sure I'm clear. On my CR, it lists the OC as the creditor on the debt, but says CO and sold. It mentions nothing of this law firm. But, attatched to the summons, was a noterised form from the VP of the collection agency, W&A. So, I guess the law firm is working for the CA? And the OC is not involved. It just list them on my CR, not the CA or the firm. I think I cleared it up....lol...thanks ICE...u been a big help.
Let me clear it up a little more... On my CR, the debt is listed by the OC, as chargeoff/sold. Neither the firm or the CA is listed on my CR. When I received the summons, it was from a the W&A lawfirm, and the last page was a noterised statement from the VP of the CA, Cent. Cap. Corp. One laaast thing, can I still send a validation letter while all of this is going on? I have disputed it on my CR. If so, should I send it to the lawfirm or the CA? OR, and I think this is a biggie, can I trust them to do a PFD?
If there is any part of the debt that is not legitimate, or if the attempt to obtain a judgement can be blocked due to SOL, you would want to avail yourself of legal representation to do so, particularly if they improperly served you. A letter signed by the VP from the CA is not validation. A validation letter by itself will not accomplish this. It may be possible that a debt that passed SOL in the state you agreed to it, while you were living there, may have been permanently extinguished for purposes of collection in court, even if you later moved to another state with a longer SOL. You should probably see an attorney in NY, where you now live, to determine if this is the case, as well as to determine what action you want to take to either defend yourself in this suit, or to negotiate a settlement. Just doing nothing, or sending letters that have no impact on a judgement they are trying to railroad thru, will only get you a default judgement for whatever they want. I am NOT an attorney. If the amount matters, you need to see one.
The debt will be 6 years old in June 07. The SOL in NC is 3 years. I moved here November of last year. So, the SOL had expired almost 2 years before I moved from NC. I've already put in an answer for the summons. And I don't know if they will even accept it, since the bast**ds mailed it to an old address on purpose, I missed the 20 day window, didn't receive the summons in the mail from them until almost 2 months after the 20 day window! But, yesterday, I still went down to the court and put in my answer. Should I go add more to it, such as the SOL law of NC? Or, because I moved, they can now come after me about it. And I swear, the way I read NY law, I was suppose to be summons by an officer of the court, not just a copy from the law offices that are suing me! How is that fair! Of course they would take advantage of me!
I really don't want to talk to a lawyer if I don't have to. The bill is $585, and that will be hard to pay as it is. A lawyer would be much more than that! Wish I could send some type of letter to the CA/lawyers about SOL or something and get them to stop.
You are making an assumption. If they have already sued you, then letters are unlikely to get them to stop. You do nothing, they win, even if you could have asserted SOL. You might try contacting an attorney in your state who deals with debt collection, FDCPA or FCRA cases, to at least see if there is any SOL defense, or any FDCPA violations based on suing to collect on an account past SOL. Try www.naca.net
Sorry, I have been traveling for work. Ontrack, as always, is spot on with the advice given. I think maybe talking to someone is not a bad idea. Since you were living in the state that was past the SOL, I do not think moving can change that....but I am not 100 percent sure which is why talking to someone sounds like a prudent idea. If you choose not to, then I think you will have to handle it in court and I would think that you have a leg to stand on if you can prove all of your dates. Too bad the old cnet law dogs who speak legalese don't seem to stop by more often, they could be of help to you. You definately should fight this though, they are trying to railroad you right into a judgment which should be avoided at all costs, even if you have to settle.
Thanks alot for your help folks...its very much appreciated. I am going to mail a copy of my answer to summons to the lawyers that filed the suit. Then see what happens.
You are still probably remiss if you don't talk to an attorney with experience in this area. You are assuming that your legal costs will exceed the $585. You might also get stuck for attorneys fees, and interest to date, plus the effects of having a judgement on your reports on your life. If it turns out that the passing of the NC SOL makes your defense on SOL a slam-dunk, then your legal costs might be smaller than expected. Knowingly suing on a debt past SOL might also also lead to damages and attorneys fees under FDCPA. The manner in which you were not properly served implies they are looking for a default judgement, and there may be a good reason. Find out where you stand, so you can't be bluffed into settling on disadvantagous terms.
I have been researching this for the past two day, hardly sleeping. I knew, I felt it inside of me that I was being railroaded. ICE ICE BABY!!! You have found exactly what I needed! This is amazing. 1. I was NOT personally served by an authorized person. It was mailed to me, but WITHOUT the response envelope and form needed to respond back saying that I received the summons. 2. It said that if I feel that I was not served with this summons, then I have up to five years to counter the suit. Monday, or, is the court open on Sundays? I doubt it. On Monday, I am going to see the clerk on my lunch hour and ask for proof of delivery on the summons. They must file this if there is no response from me. I will provide info of who it was served to, name, description everything. One last question... I think I read this right at the link above, but is it possible the court has time still to serve me, and just hasn't because they are backlogged? What do you think?
Again, ontrack and ICE, thank you so much. I have been(and still kinda) lost, but you have really helped me. I think there may be violations here! I really think that I can do this without a lawyer too. I can't afford it right now anyway. So, I almost have to defend myself. THANKS AGAIN.
You're welcome It could be that the court is backlogged like we had thought earlier. I read over the first link that I sent you and it seems that something must have happened, but it appears to be on them to show some proof. Plus it looks like the law firm needs to send out some more papers to you. "The Summons and Complaint If the client approves legal action, the law firm begins preparation of a Summons and Complaint. The Summons & Complaint details the nature and components of the outstanding debt and is pre-reviewed and verified by the Client prior to service on the Debtor. The completed and verified Summons and Complaint is then sent to a process server who: Serves the debtor according to established legal guidelines Files the Summons and Complaint with the appropriate Court Obtains the Index Number from the Court in which the case has been initiated Prepares an Affidavit of Service and possible Non-Military Affidavit, as required by the court in which the case is brought Forwards required documents and notifies the law firm when all activity has been completed It should be noted that service can take a significant amount of time (often four to six weeks), especially if attempts to reach the debtor are unsuccessful and follow-up is required. After the law firm receives verification that service has been completed, legal notice is again sent to the defendant (CPLR 3215), including copies of the Summons & Complaint, the Affidavit of Mail Service and the formal Notice advising the Defendant of the time allowed for a response. Defendants typically are given 45 days after Notice is sent in which to respond or provide an answer to the Summons and Complaint. During the 45 day time period, if the Defendant contests the claim, legal action will continue until such time as the Court reaches a decision as to how the case is to proceed. Legal proceedings can include subsequent pleadings, court appearances and possibly a trial. If neither the Defendant nor the Defendant's Attorney has filed an Answer within the appropriate time-frame, a Statement for Judgment (Default Judgment) can be sent to the Court for approval and filing. The goal in all circumstances is to obtain a Judgment"
okay, I received the first summons and complaint in my mailbox, you know, 3 months after the date the summons was filed with the court, and it had an index no., along with the verification from the client (the vp of Centurion) signed on the last page, noterised and such. Then about 2 weeks later, I received the COPY they are suppose to send when they have completed everything. I received this copy, without the affidavit of mail service and nothing telling me about a time frame, other than the original Aug 8th date. I only received a copy of the orginal summons, but the copy had Aug 21st stamped on it. Thats it. No one served me. No one. Unless, they just haven't yet? Am I still gonna get one from the courts? And they are just behind, so they haven't served me yet? Because I know now, that just a letter from them, and the letter not CCRR, is not good enough.
Will you please find the in that link that you read that leads you to believe mail service is not ok? I have been in FL all weekend and I have a bit more work to do this morning then I am flying back home to Denver. If I have time I'll read through it myself, but it will help the others help you until I have more time later on. Besides, most of the other "new" old timers around here know more than I do. I also noticed that infinite credit.com has many of the "old" old timers from here. The site seems geared more towards dealing with CAs who have gone to court issues and also there is plenty of case law and people to help you decipher it so you might take a gander at that site.
