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 Posted: Thu Feb 01, 2007 7:22 am Subject: Would Sears settle out of court |
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My husband has a debt with sears last payment was made in 2000 yesterday he was served with papers to take him to court on his debt. I have some questions if he called Sears or the lawyer on the paper do any of you think they would settle out of court? I am really nervous about this the debt is 1600.00 that he owes but they want 2,030.00 plus intersts costs, fees. Please help with any advice. thank you.
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lshock200
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PinkLady
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| Posted: Thu Feb 01, 2007 7:55 am Subject: |
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Whos the collector trying to collect on it? And what state are you in?
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taksmom476
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| Posted: Thu Feb 01, 2007 8:03 am Subject: |
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I'm just asking this because its been almost 7 years since you have made a payment and theres a BIG chance its not really SEARS taking to you to court but someone who purchased the debt.Even on court paper sometime the oc is listed on it which can be confusing as to whom is taking you to court.
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taksmom476
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| Posted: Thu Feb 01, 2007 8:06 am Subject: |
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What state are you in? Some states have statute of limititations of 6 years on credit card debt . . . The six years start six months after you last payment was made on the debt . . . . Someone please correct me if that's wrong . . . . So if you post your state I can check the sol's and see if that's the case for your state. Do you know when the last payment was made on the account?
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goudah2424
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| Posted: Thu Feb 01, 2007 8:24 am Subject: |
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Actually the SOL starts the month of your first missed payment.ex: last payment 2/2000..sol expires 3/2006 if your in a state with a 6yr statutes.The 6 month/180 days is the chargeoff period for defaulted debts.
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taksmom476
Joined: 15 Jan 2007
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| Posted: Thu Feb 01, 2007 8:29 am Subject: |
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Really? I must have been thinking of the time it's allowed to be on your credit report . . . . That's the one where the time starts 6 months after your last payment I think . . . .
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goudah2424
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| Posted: Thu Feb 01, 2007 8:36 am Subject: |
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Yeah I know it can get confusing sometimes.Theres so many different timeframes for different things.
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taksmom476
Joined: 15 Jan 2007
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| Posted: Thu Feb 01, 2007 8:44 am Subject: |
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I filed bankruptcy over 15 years ago and you know something. Sears was the only company that showed up to the bankruptcy proceedings. They really do mean business. They wanted a necklace from me that I was wearing. The lawyer asked me for the necklace and said you know what we'll give them $75 to settle on it and it was resolved.
However, Sears is the one company that opens the doors to all credit. A former co-worker of mine told us years ago that he worked for a credit bureau and the one card that opens the door to all credit and decides good or bad credit is a Sears card. If you have an account with thyem, make good on it because if its true it can only make or break your credit.
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pjblake
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| Posted: Thu Feb 01, 2007 10:41 am Subject: |
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Welcome to the Community  Here is a link for the SOL state by state at http://www.fair-debt-collection.com/SOL-by-State.html#T I would send the attorney a debt validation letter anyway, especially if it is out of the SOL period. Do it asap and send it certified, return receipt. Are you sure it is Sears suing you and not a third party? This is why a DV letter is important. If it is Sears,, like the others said, they will show up in court, they were the only ones that showed up for my mothers bankruptcy after my dad died, and took her 12 year old clothes dryer!!..Good Luck.Let us know what happens..Karen
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Bossy4455
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| Posted: Fri Feb 02, 2007 3:19 am Subject: |
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Thank you so much everyone for your responses I truely apperiate them. I live in Michigan. Please bear with me as I have never went through this before and I don't know how much info I'm suppose to put on this board but this summons and complaint came from NCO/Assignee of Sears I am assumming they are the ones collecting the debt for Sears. I don't know much about these things I'm sorry. Just to back up my husband got a credit card with Sears back in 1994 or 95 (it was before he was with me) he got behind on payments due to losing a job and the bill was put in collections around '99 I believe the last payment he made was 10/25/2000. So yes I don't think its sears their selves sueing. Any suggestions.
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lshock200
Joined: 01 Feb 2007
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| Posted: Fri Feb 02, 2007 3:21 am Subject: |
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Sears will actually take back there stuff? I don't even know what my husband bought with it since it was before we were togeter? I'm thinking just clothes 
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lshock200
Joined: 01 Feb 2007
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| Posted: Fri Feb 02, 2007 6:24 am Subject: |
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NCO portfolio management
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lshock200
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| Posted: Fri Feb 02, 2007 6:30 am Subject: |
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NCO is a junk debt buyer which typically means they buy debts that the oc gave up on trying to collect and sold it.
Seems the statutes in Michigan is 6 yrs.If indeed your positive he made the last payment in 10/2000 then the statutes to sue would been in 11/2006.
You need to be sure of that payment in 11/2000 if you want to use the statutes as a defense in court.If for instance he actually made a payment but you are off by a month or soand it was actually in 12/2000 not 10/2000 then you need to look at the date it filed in court. This is very important only because if they filed suit even a day before statutes expired then the sol would have no legal standing as a defense.
Ex: payment made on 12/25/2000,, statutes would run out on 1/25/2007 (statutes starts month after last payment)..lets say summons was filed at court on 1/24/2007 they got you by 1 day ..
I would send out a dv letter to NCO asking for all the details of the account in question.You have a right to this information as per fdcpa laws. You can go to the Do It Yourself section on here for sample letters if your not sure what one looks like.Also be sure to send it Certified Mail/ Return Receipt that way you have proof that they received theletter.
As for Sears showing up if this debt was sold to NCO I dont think you have anything to worry about Sears themselves showing up they are no longer the owners of this account it would be NCO /their attourney..But as everyone has said if this debt was still with Sears and it was a bankruptcy or a suit from them then I would say its almost 100% guarantee they would be there. Everyone I know who has filed said Sears was the only one to showup and want their stuff back.
I would not send a payment to them or anything without first having it validated by them. Even if it gets to court they still have to have proper proof in court. Now if this debt is within stautes what they could do is a garnishment of your husbands paycheck if they get a judgment against him.
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taksmom476
Joined: 15 Jan 2007
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| Posted: Fri Feb 02, 2007 7:03 am Subject: |
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They have 3 papers stapled to the summons and complaint the last page says last payment date 10/25/2000. Another paper say at the bottom Dated Aug 7, 2006 (this is from the law office I guess when they went about all of this fileing there complaint) and the other paper is dated Dec-6-06. I guess my question is what dates are import besides the last payment date? Is the date that they went about this important to? My husband was delievered these papers this week. My husband said last night maybe he should just call the law office that is representing NCO to see if he can settle out of court. I want him to write the court. It says this summons expires on 3-5-7 he has 21 days after receiving it to file a written answer to the court and serve a copy to the other party. Help any advice! I feel so stupid about all of this.
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lshock200
Joined: 01 Feb 2007
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| Posted: Fri Feb 02, 2007 7:20 am Subject: |
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Ok first no need to feel stupid,we have all been in your situation or similiar situation before.
ok the date to look at is on the summons.It should say date complaint was filed.If its hard to decipher you could call your court and ask them for the exact date it was filed.If the actual date they filed a suit agains him was on 8/7/06 that would make this debt valid in court.But now this is very IMPORTANT.. if it turns out they did not file the suit until 12/06/06,, that made the debt past the sol by 11 days.
After finding all this out and if it was still in sol period when filed he may want to try to work out something with NCO. They may settle for less.
If you find that it was out of sol have him file an answer witht he court stating that he believes the statutes has expire on it.Most important do not ignore the summons from court.
If your still not sure what to do you may consider contacting legal aid in your area for advice.Legal aid does have an income guideline though so you need to find out if you fall beneath that guideline.
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taksmom476
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