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Question about answer to summons/DV letter

Date: Mon, 10/01/2007 - 08:11

Submitted by srowan
on Mon, 10/01/2007 - 08:11

Posts: 57 Credits: [Donate]

Total Replies: 7


Ok, this may be rather complicated. I got a summons from Love, Beal and Nixon, attorneys for Midland Funding, LLC (CA). The original debt was from Household Bank for a credit card. I immediately called Love, Beal and Nixon and reached a payment arrangement. They sent me paperwork in the mail, called a Journal Entry of Judgment, in which I filled out all my monthly debts, all members of my household's income, and the fact that I was to pay $300 a month payments to them until the debt was paid off. It said not to date it, as the judge would later date it. I filled it out and mailed it, because they only gave me five days to do that.

Meanwhile, I did some research and found that in Oklahoma, where I live, "open accounts" have a three year SOL. This debt is past the three year SOL, which I am hoping credit cards are classified as open accounts. Also, the attorneys filed the court claim in my county of mailing address, but not my county of resident. So, as instructed in the original summons, I answered the summons by mailing it to them, certified, return receipt, and also at the court. My answer was that they did not file in my county of residence and that the debt was past the SOL.

Now here is my question (finally!). Should I go ahead and send the attorneys, Love, Beal and Nixon, a debt validation letter? Or is it too late to do anything like that? What are my chances if I go to court, since I have already filled out and signed the Journal Entry of Summary Judgment to them? Thanks!


Ok please let me understand this correctly plz... On ur answer to summons u used SOL as ur defense right? Then after that they contacted u and u signed an agreement or verbally acknowledged this debt with them??
U see, the reason i ask this is, anytime u admit to owing the money it starts the SOL all over again!!
I'll see if i can find someone with more knowledge to come answer these questions for u.... Also, what state are u in?
Hang tight before mailing anything out and someone will be around shortly, i'm gonna pm a couple people who can help u out more. In the meantime plz answer the questions i have asked above.
Thanks,
Ang


lrhall41

Submitted by Ang on Mon, 10/01/2007 - 09:41

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Why would anyone fill out a payment arrangement on a possible out of statute debt? You just earned their lawyer fees for them and may possibly have reset the sol on the debt by written reaffirmation. I would look up your laws in your state for what reaffirms the sol for a debt because you may have sunk yourself good.


lrhall41

Submitted by cajunbulldog on Mon, 10/01/2007 - 10:40

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I got nervous! I got the paperwork for the journal entry of summary judgment and filled it out and sent it back BEFORE I filed my answer to the summons about the debt being out of SOL. I didn't even think about checking about it being SOL until the day after I sent back the journal entry for summary judgement. Okay, I am a dumb ass, I guess. So have I totally lost my case now? I have searched the internet and can't find any answer to whether I restarted the date of the SOL by signing that damn journal entry. I live in Oklahoma.


lrhall41

Submitted by srowan on Mon, 10/01/2007 - 12:32

( Posts: 57 | Credits: )


U are definately not a dumb ass srowan!! Legal terminology is confusing to the average American (me) and it IS a very scary thing to recieve a suit! Trust me, i know this as it happened to me also!
Try looking up ur state law on lawdog.com
Good luck and let us know how it turns out!
Ang


lrhall41

Submitted by Ang on Mon, 10/01/2007 - 12:51

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Ok if i'm understanding this correctly she recieved a summons and immediately called the atty office to see if she could work out a payment plan instead of going to court.... they sent her this journel entry as per the agreement... Once she signed that and agreed to re-payment she re-set the SOL.
Hope that helps a little and if i'm wrong plz correct me!
Ang


lrhall41

Submitted by Ang on Tue, 10/02/2007 - 19:22

( Posts: 2306 | Credits: )