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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.




Where do you live? What else came with the summons? How are they reported? Does th eOC still own these accounts? If not, then the complaint is defective if the OC's are listed as the Plaintiff.

Sub: #1 posted on Mon, 08/11/2008 - 09:44

NASCAR_Devil NASCAR_Devil
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Hi. I live in South Carolina. I am at work now and don't have them with me. I will get them from home and post tomorrow on how they are listed. If you don't mind me asking, what are OC's? I have no idea what any of this stuff means.

Sub: #2 posted on Mon, 08/11/2008 - 10:20

freak.me.out freak.me.out

(Posts: 98 | Credits: 16.6)

OC is original creditor. What Nascar is asking is if the Plantiff is listed as the OC or if it is listed as the CA that filed with the courts. Basically the OC can't be listed as the Plantiff when it is the CA that is filing suit. Check your state SOL to see if the time has expired on this. If it is four years then it might be outside SOL.

Sub: #3 posted on Mon, 08/11/2008 - 10:42

DOLLARSandSINCE DOLLARSandSINCE
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Would the SOL be from the time the CA took it over or from the original default date with the OC?

Sub: #4 posted on Mon, 08/11/2008 - 10:48

freak.me.out freak.me.out

(Posts: 98 | Credits: 16.6)

Ok. Here is the SOL for S.C.
South Carolina Statutes of Limitation

Breach of Contract: 3 years, (SCCLA 15-3-530).

NOTE: A partial payment or acknowledgment in writing tolls the SoL, (SCCLA 15-3-30).

Foreign or Domestic Judgments: 10 years, (SCCLA 15-3-600).

I don't know exactly what it means. Can someone help me decipher it? From what I can understand, if the default is more than 3 years old then it can't be collected. Also, I haven't acknowleged anything with anyone, in writing or otherwise.

Sub: #5 posted on Mon, 08/11/2008 - 10:51

freak.me.out freak.me.out

(Posts: 98 | Credits: 16.6)

It means that if it has been more than 3 years since your last payment, then this suit is time barred for suit. You will have to answer the summons and your affirmative defense is SOL. SOL is based on date of last payment. Federal reporting period is based on date of first default.

Sub: #6 posted on Mon, 08/11/2008 - 11:03

NASCAR_Devil NASCAR_Devil
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(Posts: 4666 | Credits: 308.23)

Ok. So now I need to get a copy of my credit report. Thank you so much for you help! I will bring everything tomorrow and give more specific information.

Sub: #7 posted on Mon, 08/11/2008 - 11:14

freak.me.out freak.me.out

(Posts: 98 | Credits: 16.6)

Are you sure it is 3 years? I thought shortest of any state was 4 years. Verify this because it could make a huge difference since you are on the bubble.

Sub: #8 posted on Mon, 08/11/2008 - 13:18

DOLLARSandSINCE DOLLARSandSINCE
Moderators Cum Industry Expert
(Posts: 1078 | Credits: 137.97)

They are one of the few with a 3 yr SOL

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

Sub: #9 posted on Tue, 08/12/2008 - 05:52

NASCAR_Devil NASCAR_Devil
Moderators Cum Industry Expert
(Posts: 4666 | Credits: 308.23)

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: #10 posted on Tue, 08/12/2008 - 09:50

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