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Hi everyone. I haven't been on in awhile because of work and family emergencies keeping me very busy. Just when things start to calm down, guess what happens??? I get served, not once, but twice, within the past two weeks from my local sheriff's dept. with past due credit card companies seeking judgments against me. They are from two different companies. Both of the accounts have been delinquent for about 4 years now. I have NO idea how to handle this. The forms say that a court appearance is not necessary. Also, the sheriffs did not have me sign anything when they served me to notices and they are both VERY old. One of them was presented to the courts in 12/07. Is it normal for it to take this long to serve the defendant? Another thing is that the original creditors are cited on the forms, but it looks like the companies that took action are the collectors, not the original companies.

How should I handle this? I know NOTHING about where to even start...Any help would be very much appreciated.




Hi
I am new to the forum and enjoying reading all the posts. Anyway, I just went to my lawyer today about a default judgement and now I have to go testify about my assets, etc... Anyway, I am disputing the debt and he said it is way easier to dispute if you do it at the judgement hearing. Do not ignore it, go to it and dispute there. Just my .02.

Sub: #1 posted on Thu, 08/14/2008 - 06:10

ndmike25 ndmike25

(Posts: 88 | Credits: 13.93)

nascar, I just wanted to say I enjoy reading your solid, well thought out advice.. are you by chance an attorney? I say that not as an insult but our of observation of a very astute, analytical and legal way of thinking.

Sub: #2 posted on Thu, 08/14/2008 - 01:32

jj jj
Moderators
(Posts: 1057 | Credits: 107.78)

Remember that if you are indeed outside the sol for the deficiency balance.. you still must argue that point in court... it is not a reason to ignore the issue rather a defense against the judgement.

Sub: #3 posted on Thu, 08/14/2008 - 01:31

jj jj
Moderators
(Posts: 1057 | Credits: 107.78)

also, keep this in mind--just because they repo'ed the car, that doesnt mean that the whole balance was taken care of. In most places, they will sell the car at auction and apply the $$$ they get from that sale to the balance you owe. If the $$$ was more than the balance you owe, then they refund the difference to you, which basically never happens because they sell the car at auction for cheap cheap. So, when they apply the $$$ to the balance, and it doesnt cover the whole balance you owed, then you still are liable for the remaining amount.

One important note about SOL--it is an active-only defense, meaning you have to actually invoke it yourself. A judge will not tell the plaintiff that he is dismissing their case because of expired SOL unless you bring up the SOL in your answer to the summons. So, unless you state that the SOL has expired on this debt, they can still win a suit against you.

Sub: #4 posted on Wed, 08/13/2008 - 21:52

Unregistered


What state are you in? Repos are covered under the UCC SOL of 4 years in most states. The SOL begins when the deficiency balance is accrued.

Sub: #5 posted on Wed, 08/13/2008 - 15:45

NASCAR_Devil NASCAR_Devil
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(Posts: 4665 | Credits: 308.23)

Thanks! I just got my question answered by ii. :-)

Sub: #6 posted on Tue, 08/12/2008 - 22:51

freak.me.out freak.me.out

(Posts: 98 | Credits: 16.6)

Wow! 10 years later??? It is very frustrating. They already have the car so I don't understand why they would be coming after you either. I checked my paperwork and both plaintiffs are the CAs. How am I supposed to answer them mine also does not have a date for court appearance, etc. It seems really complicated. Is there a sample or something that I can reference on this site? Also, is it too late to send a debt validation request?

Sub: #7 posted on Tue, 08/12/2008 - 22:50

freak.me.out freak.me.out

(Posts: 98 | Credits: 16.6)

they will try... if your are outside the SOL, it is up to you to prove that... their hope is that you won't show, they get a default judgement and then can proceed..if you call you r local court they should be able to provide you with assistance as to the propert format of your answer

Sub: #8 posted on Tue, 08/12/2008 - 22:46

jj jj
Moderators
(Posts: 1057 | Credits: 107.78)

I had a car repoed a lil over 12 yrs ago. I haven't heard from these people in over 10 years. Suddenly in the past couple of months they somehow started contacting me on my cell phone and in my maiden name. I told them to stop contacting me & I didn't know who they were which was true. The original creditor @ some point in time I guess sold my account to a collection agency or something. I don't know. Now...yearssss later...I was served by my sheriff's dept with a civil summons for that debt. I didn't have to sign that I received the papers or anything. In the plaintiff section it is listed as the collection agency. Below that is also listed attorneys for plaintiff. There is no court date listed. I'm supposed to only send a written answer to the complaint to these people. I have no idea what I'm supposed to be answering or WHY they are coming after me after sooooo many years. I have read over the discussions and answers and have looked up my SOL for NC where I live. I still don't understand how they can try to collect after so long.

Sub: #9 posted on Tue, 08/12/2008 - 22:20

Unregistered


They are one of the few with a 3 yr SOL

http://www.scstateho use.net/CODE/t15c003.htm

Sub: #10 posted on Tue, 08/12/2008 - 18:22

NASCAR_Devil NASCAR_Devil
Moderators Cum Industry Expert
(Posts: 4665 | Credits: 308.23)

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