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  • Calf attorneys suing on a debt past the statute of limitations




    Exxxxx & Axxx sent me a "pay or we will sue" letter. They represent an
    out of state collection agency who bought an old CitiBank charge off
    that I had. It was an old Home Saving Master Card that I stopped
    paying on in 8/1997.

    Their letter was dated April 8, 2000. I responded that this debt is
    almost seven years old and threatening to sue over a debt that is
    beyond the statute of limitations is a violation of the Fair Debt
    Collection Practices Act. They signed for my letter April 15. They
    filed a lawsuit against me on April 20(it was written April 13 before
    they even got my first letter and a few days after they sent the "pay
    or we will sue" letter). The only thing I got officially served with
    was the Order to Show Cause and the case management hearing. They have
    chosen *not* to serve me with the summons and complaint. After being
    served with the ORC I wrote another letter demanding Verification.
    They sent me a xerox the last bill Home Savings sent me. I recognized
    it and the charges. I impressed that they even found it. But even so,
    it is way past the four-year statute of limitations. I still can't
    believe after seeing the bill (BTW is was the 8/1997 bill payment due
    9/1997.) Yet they gave 15 days to make arrangements to pay.

    So what is my legal recourse. I haven't been served with a summons or
    complaint (I've got the complete copy of my folder from the clerk in
    the court they even *lied* on the complaint stating that the debt is
    less than four years old). Also they ran a credit check on me as
    well. Not to mention this debt *never* showed on my credit report
    until the collection agency posted it. I've disputed it with all of
    the Credit reporting agencies and filed complaints with the proper
    state and federal agencies.



  • #2
    Calf attorneys suing on a debt past the statute of limitations

    [email protected] wrote:
    Exxxxx & Axxx sent me a "pay or we will sue" letter. They represent an out of state collection agency who bought an old CitiBank charge off that I had. It was an old Home Saving Master Card that I stopped paying on in 8/1997. Their letter was dated April 8, 2000. I responded that this debt is almost seven years old and threatening to sue over a debt that is beyond the statute of limitations is a violation of the Fair Debt Collection Practices Act. They signed for my letter April 15. They filed a lawsuit against me on April 20(it was written April 13 before they even got my first letter and a few days after they sent the "pay or we will sue" letter). The only thing I got officially served with was the Order to Show Cause and the case management hearing. They have chosen *not* to serve me with the summons and complaint.
    They're not allowed to do that. Look carefully to be sure you didn't
    get served with the complaint. I'm sure they will say they did serve you.
    So what is my legal recourse. I haven't been served with a summons or complaint (I've got the complete copy of my folder from the clerk in the court they even *lied* on the complaint stating that the debt is less than four years old). Also they ran a credit check on me as well. Not to mention this debt *never* showed on my credit report until the collection agency posted it. I've disputed it with all of the Credit reporting agencies and filed complaints with the proper state and federal agencies.
    Get a lawyer immediately. You will end up having a judgment against
    you unless you do something NOW!

    Comment


    • #3
      Calf attorneys suing on a debt past the statute of limitations

      On Sun, 27 Jun 2004 19:32:14 -0400, [email protected] wrote:
      Exxxxx & Axxx sent me a "pay or we will sue" letter. They represent an out of state collection agency who bought an old CitiBank charge off that I had. It was an old Home Saving Master Card that I stopped paying on in 8/1997.
      August 1997, if this contract was entered into in California
      the SOL is four years from last payment date. In other States it
      can be 15 years, so check your contract.
      Their letter was dated April 8, 2000.
      Four years ago you receieved this letter or do you mean 2004?
      I responded that this debt is almost seven years old and threatening to sue over a debt that is beyond the statute of limitations is a violation of the Fair Debt Collection Practices Act.
      That was your first mistake, never respond to a letter from a
      lawyer.

      They signed for my letter April 15. They filed a lawsuit against me on April 20(it was written April 13 before they even got my first letter and a few days after they sent the "pay or we will sue" letter). The only thing I got officially served with was the Order to Show Cause and the case management hearing. They have chosen *not* to serve me with the summons and complaint.
      So go to the hearing and state that the SOL expired in August 2001.
      After being served with the ORC I wrote another letter demanding Verification. They sent me a xerox the last bill Home Savings sent me. I recognized it and the charges. I impressed that they even found it. But even so, it is way past the four-year statute of limitations. I still can't believe after seeing the bill (BTW is was the 8/1997 bill payment due 9/1997.) Yet they gave 15 days to make arrangements to pay.
      Ignore it and wait for a court date.
      So what is my legal recourse. I haven't been served with a summons or complaint (I've got the complete copy of my folder from the clerk in the court they even *lied* on the complaint stating that the debt is less than four years old). Also they ran a credit check on me as well. Not to mention this debt *never* showed on my credit report until the collection agency posted it.
      If the last payment was August 1997 it can stay on your credit report
      until July 2004.

      I've disputed it with all of the Credit reporting agencies and filed complaints with the proper state and federal agencies.
      Good move. But don't get in a hissy fit when you receive a collection
      letter. When you responded that is what told them that they had a ****** on
      the hook.



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