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I am being sued for a debt which is now bought by a jdb. In my answer to my summons I said that I have never done any business with the plaintiff. He told me that I do not have a chance of defending myself and that I might as well sign the stipulation of settlement agreement that they sent me. i do feel that I didn't handle this properly from the beginning because I was unaware of my rights or how to defend myself. I have the stipulation agreement, I did not return it back but after hearing this I feel that I will lose anyway. Can someone here give me any advice.




Do you mean that the attorney told you that you don't have a chance of defending yourself? Did he give you any reasons?

Sub: #1 posted on Wed, 06/25/2008 - 20:47

alias1958 alias1958

(Posts: 1230 | Credits: 79.88)

Yes, he said that the answer that I filed with was not good enough

Sub: #2 posted on Wed, 06/25/2008 - 21:04

Unregistered


How old is the debt? What is the date of last activity (DOLA) of this debt? What state do you live in? Did you ever receive written notification of this debt from the JDB that also advised you of your right to dispute this debt?

Demerits to the attorney for, seemingly, not trying to offer you any constructive advice. He sounds like an @$$!

Sub: #3 posted on Wed, 06/25/2008 - 21:26

FloridaRon FloridaRon

(Posts: 1190 | Credits: 74.85)

The debt is old, but I did make payments on it last year. I did get a letter from them, but I never responded, I should have and didn't.

Sub: #4 posted on Wed, 06/25/2008 - 21:41

Unregistered


What state do you live in? In some states, making a payment does not extend or reset SOL. Don't give up that easily. There are ways to fight this.

Sub: #5 posted on Wed, 06/25/2008 - 22:24

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

I'm in nyc, I have the settlement letter, and if I agree, they expect back tomorrow

Sub: #6 posted on Wed, 06/25/2008 - 22:30

Unregistered


Yeah, well I expect to win the lottery tomorrow, but I don't see that happening.

I'm going to let NascarDevil help you out further though, he actually just taught me yet another thing I didn't know. Payments not resetting the SOL in some states.

Good to know.

Sub: #7 posted on Wed, 06/25/2008 - 23:19

FloridaRon FloridaRon

(Posts: 1190 | Credits: 74.85)

Who did you make the payment to? The OC or the CA? How did you make the payment? Personal Check, Debit or credit card, money order....?

There are two ways in which the statute of limitations may be tolled. One involves part payment of the debt and the other a signed acknowledgment. As to part payment, the statute will be tolled if the creditor demonstrates that it was "payment of a portion of an admitted debt, made and accepted as such, accompanied by circumstances amounting to an absolute and unqualified acknowledgment by the debtor of more being due, from which a
promise may be inferred to pay the remainder"
(Lew Morris Demolition Co. v Board of Educ. of City of N.Y., 40 NY2d 516, 521). As to a written acknowledgment, pursuant to General Obligations Law ???? 17-101, the statute of limitations will be tolled by a signed written acknowledgment of an existing debt which contains nothing inconsistent with an intention on the part of the debtor to pay it (id.).


http://www .courts.state.ny.us/reporter/slips/12615.htm

Sub: #8 posted on Wed, 06/25/2008 - 23:37

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

Made a small payment out of fear to the collection agency's attorneys. The oc is out of the picture due to bankruptcy.

Sub: #9 posted on Wed, 06/25/2008 - 23:39

Unregistered


Do you mean that the OC filed BK? Because if you filed BK and included the OC, then this CA should not be attempting to collect from you.

Sub: #10 posted on Wed, 06/25/2008 - 23:50

alias1958 alias1958

(Posts: 1230 | Credits: 79.88)

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