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I live in California, and I am being sued by Unifund CCR I am positive that the last transaction with the original credit was in 2002 or 2001, it has reached its statute of limitations, but I don't have proof. the law firm representing Unifund sent an old bill, but the date of the last payment or transaction does not show. what do I do?

Posted: Sat Dec 02, 2006 5:42 pm Subject:

Welcome to the Forums Very Happy

Here is a link to check out the SOL by state at http://www.fair-debt-collection.com/SOL-by-State.html#T If you haven't done so, send them a debt validation letter to have them validate whether they are legally bound to be collecting the debt. Good Luck...Karen

Posted: Sun Dec 03, 2006 7:36 am Subject:

If they field before the SoL expired you will still be held responsible. However if it is after you will still have to go to court so they don't get a default judgement against you for not showing up to challenge the SoL.

You need to be sure if it was 2001 or 2002. Also you will need to be sure on the month and date as well.

Posted: Mon Dec 04, 2006 10:16 am Subject:

My wages are being garnished by a local law firm that is representing them. The law firm is amicable in setting up a payment arrangement with me once the first garnishment is done. But Unifund got an old CC debt from well over 7 years ago. I just wasn't proactive enough to dispute the debt when I first saw it. But come to think of it, I got the law suit paperwork a while back that said a law suit has been started and then nothing after that. Not even a notice to appear in court. So that is my involvement with them. Kind of stuck with this bill right now since it went to garnishment and I didn't know enough then to fight it.

Posted: Mon Dec 04, 2006 1:28 pm Subject:

Look up Eric Fagan at efaganlaw.com who specializes in debt collection defense, among other things. He knows what he is doing.

I believe he charges about 10% of the debt up front, and if/when (usually when, as you will see from his website) he wins your case, you can set up a payment plan with him for another 30% of the debt.

He will often turn around and sue the debt collector (if you have a case) under the fdcpa and seek recovery of the fees you paid him, as well as whatever else he can get for you in that lawsuit.

Just FYI; they have to prove the debt is still within the SOL, not you.

Posted: Mon Dec 04, 2006 2:39 pm Subject:

Thanks for the info Sam. But what about a debt collector who has already started a garnishment? I'm currently having my wages garnished from an account that Unifund picked up. In WA state, the garnishment goes for 60 days then they have to refile. I've spoken with the law firm already and once they receive the first garnishment from my employer, they will work out a payment plan. It's only been recent that I have started to tackle my debts so some of them I am behind the 8-ball so to speak (such as this one). I may give Eric a call. I have another one through Ventus Capital who in my opinion are one of those questionable firms. They seem to be playing hardball now.

Posted: Mon Dec 04, 2006 2:54 pm Subject:

Talk to Eric or another consumer lawyer right away. I can't answer your questions, as garnishment laws vary widely from state to state.

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