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#17
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Well, if that's the case, does it even matter? No matter who acquired the original First USA account, it has been delinquent since January 2001. It was charged off by Chase in 2005 with the same delinquent balance as First USA in 2002. So isn't it still past the SOL?
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#18
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Yes, it is. Remember, if you wind up in court on this: You have to raise the SOL as an affirmative defense. It's not automatic, the judge won't do it for you. Take copies of your credit report with you to court as proof.
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Wulfisms: my blog The four 'no's of dealing with collectors: No validation? No payment. No way! No kidding!! Tellin' you all the zomby troof Here I'm is, the zomby woof [Frank Zappa, 1988 - R.I.P.] |
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#19
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Thanks, unclewulf. I think I have a pretty good case to prove SOL since I have copies of my old credit reports. There are still some questions though. I just noticed that on my older CR the account is listed as 'individual' with my ex as an Authorized user, but the current CA is reporting that this is a joint account with her. How does that play out in court? I was such a fool when we were still married. She would apply for credit card accounts left and right...get one to pay off another...and like an idiot I would sign the apps and she would list herself as an authorized user. I never had a card to this account or made any payments on it which is why it ended up being her responsiblity in our divorce agreement. Would it be an advantage or disadvantage in court for this account to be my sole responsibilty, with her as an authorized user, especially since I don't know if they've gotten ahold of her in California? I guess what I'm afraid of is that she'll succumb to any harassment and make a payment and screw up my SOL defense. I've emailed her and told her not to pay them anything but I haven't heard back from her. That's what I'm still wondering too...am I entitled to my own legal rights in Michigan, independent of what may happen in California. Even if we are both responsible for the debt, doesn't the CA have to obtain a judgment from each of us, in our own states? I mean c'mon...we've been divorced for 8 years. Told ya it was complicated.....to me, at least.
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#20
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With our debts being 'sold' so many times, what is a good way to 'keep track' of all of these? I'm trying to get a bit furthur, in repairing my credit. Seems like everytime I turn around, one of my debts is 'sold' to someone else. Just frustrating.
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#21
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Where you ever served with the complaint? If not, then you need to find out why you weren't and what happened. If a judgment has already been entered against you, you need to talk to an attorney who handles consumer credit issues. You can get an attorney referral from your local county bar association.
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#22
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As I mentioned in an earlier post, this is a 'proposed consent judgment' that has been filed at the courthouse in my jurisdiction, basically spelling out the terms of the settlement they will ask for. I received three copies in the mail, one for the CA, one for the court, and one for me. The accompanying letter from the CA attorney states that he was instructed by the CA to forward this to me as it represents a fair settlement. They are asking me to sign it and give my 'consent' to enter it as a final judgment. The CA has 91 days from the time the consent judgment was filed to actually serve me with a summons if I refuse to sign the consent. Then it will go before the judge. The CA is claiming that I agreed to this, which I did not, and immediately sent a CLRRR stating that I continue to dispute the debt and did not agree to anything. I also reminded them of the SOL.
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#23
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Anyone care to comment on the 'across the state' questions from my earlier posts? I'm still confused as to whether I'm entitled to individual full legal rights in my state (where the orginal contract was signed) or can my ex screw things up for me in California?
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