Received validation... now what?

Even if they have no attorneys licensed in your state they may be able to request admission pro hac vic. If it is your debt and they were able to produce the validation then you may wish to try to work out some type of payment arrangement. Make sure you agree to something you can actually afford to do and get it in writing before you do anything.

If you have any further questions feel free to ask.

What state are you in? When was the last payment made? is it possibly out of SOL?

We live in South Carolina. I think the SOL for this type of loan in SC is 10 years, credit cards 3 years. Not 100% sure about the SOL but the 4 wheeler was reposessed in March 2005.

Start making a budget. Do what you can where you can. If necessary cut back. You can also try and look into getting rid of assets that you no longer use through a garage sale or on E-Bay. Your junk could be someone's fortune.

Definately do not agree to something you know you can't afford. It will only end badly.

We have been doing pretty good with budgeting lately but we have some current debts that need to be paid before we start paying on this. Does anyone know for certain the SOL for this kind of debt in South Carolina?? I'm still getting two different answers when I research it online. A few places say 3 years for a written contract and a few others say 10 years. I don't know where to look to get a definite answer.If anyone knows for sure, let me know.

3 years, the 10 only counts towards domestic judgments.

good luck Melissa!..let's see..you talked about a repossessed 4 wheeler? not junk you can get rid of on ebay?...hmnnnn..make a budget?.JCEMT has spot on knowledge on this situation! follow his advice please!

Well the repossession probably occurred following at least a month of nonpayment. I think the SOL may have run on it. Try to pay it off since it is your debt. But pay it off all at once when you have the money for it. Right now it doesn't look like they can sue you for it (unless there was a payment made on or before 2/18/05 or I'm missing a statute for secured debt, if the ATV would make it a secured debt)

My advice is if it is outside of SOL then start setting aside what you can afford and call them back when you can pay it off in a lump sum payment and make sure you get the payment agreement in writing before you pay. Mitchel N Kay's offices are not known for their honesty (from what I've heard) so just make sure you get it all in writing and pay it off all at once if the SOL is done.

Lastly, are they collecting for the original creditor or were they collecting for a collection agency?

We do plan on paying the debt since it is our (my husbands lol) debt, but it may just not be in the time frame they want it. It appears that they are collecting on behalf of Plaza Associates (a collection agency I'm assuming). Plaza Associates sent us a settlement offer back in December for the amount of $964.84. We would have paid that if we had the money saved up but we didn't. I'm wondering if we saved up that amount within the next few months, if mitchell n kay would take it as a settlement. As far as the SOL, if it is actually 3 years then it should have passed. My husband gave the 4 wheeler to his dad who was suppose to be making the payments on it at that point, but he didn't for a few months and then it got reposessed.

http://budhibbs.com/debtcollectorpages/plaza_associates.htm

That is what Texas consumer advocate Bud Hibbs has to say about Plaza, along with the fact that the attorney who is collecting for them owns them. I wonder if they can still add attorney fees if they did sue someone?

hmmm...interesting. I didn't realize they were basically one in the same. Well I guess the best thing to do is what you suggested as far as saving up the money and paying all at once. They should take the settlement amount since they own the collection agency lol. Now they shouldn't be able to sue as long as the SOL is 3 years, right? Or they can try to but we would just have to bring up the SOL in court and it would likely be dismissed based on that?

They can still file suit but if the SOL is up then you can claim that as your defense stating that it is a time barred debt.

Do not take FYI lightly. I was out of work and made thousands selling on ebay! Also Gold is at 900+ per ounce right now. If you have broken or unwanted jewelry it can bring you quick cash!

Where did you sell gold at Frogpatch?

Also, it was not my intention to make light of FYI's advice.

I have sold stuff on ebay before (mostly clothes and shoes) but I don't really have anything to sell right now lol.

JC that was not directed at anyone!

oops, sorry.

Where/how did you sell your gold? Since the CA is after me, I could use some quick cash!

I have an Ebay store..as only a hobby and I profit from what my tax return just filed two days ago ..is approx $200-$300 a week okay?...I was not making light of any post at all..but just trying to focus on post...in my opinion.....someone who needs quick money should do yard sale..estate sale..penny saver .. nickel saver sale etc ....and afterwards.... list leftovers on Ebay....if it didn't sell in yard sale or local paper..don't expect someone else to pay shipping unless it is a money maker for buyer....if seller's are not experienced seller's ... on ebay they will lose their a$# on listings..after paying amount to list and paypal fees..if anyone purchases their product...someone else on Ebay knew they got a better deal than price paid plus shipping...
I state in my store heading that I am an ebay shopoholic not a real word I know..but I am upfront about selling leftovers I buy to provide myself ...fun money to then spend more on ebay..and that is my experience....dang!!!!
I love it when I bought something on ebay for 5 bucks and later sold it for 35 bucks!!!! once in a while.. my theory that keeps hubby happy is when I am on site listing items for sale....I make $200 a week instead of spending $500 a week buying things!..and frog..I totally agree about Broken jewelry post ....I recently sold a rhinestone repair..craft wear vintage lot for $85.00...and a junk craft repair altered art lot for $55.00--which was more than my lot of 50 pieces of non-broken jewelry for $44.95 just sold yesterday ....(although..entire box I purchased had at least 500 pieces inside)..my feel on the deal is that is if you have a quick "newbie" sale on Ebay ...where you got the big bucks.....it was not sold at retail.....whoever bought it was there to make a profit )I make those purchases quite often from brand new members and resell what I chose not to keep at a profit)...quick cash from ebay will not often happen until you have at least 1,000 plus feedback and people trust you to buy your product..but every now and then I get great deals from new people who actually ship product!..as a side note...my ebay store sales until 5 months ago were 90% U.S.A.--REST OVERSEAS..today..about 50-50..and those custom forms are a pain in the a%% to fill out!!!!!!

also frog..I have been a huge fan of yours and am soo ...happy you made thousands when you were out of work.....my own reality with Ebay AND my real life is...
I don't spend each week as much as I have done when I wasn't selling in my ebay store and yet I still make a profit.... but ..yet most people here ...trying to sell for first time.....will definitely..... lose..unless you have unique product or credibility on Ebay......... but I am very happy you made thousands on ebay because today site got very bad publicity!you have been very fortunate frog and Congrats!!!!!!!!

If this was repossesssed in March 2005 does the sale and posting of those funds count toward the SOL? If it was repossessed in March then the last payment made might have been a few months prior to that. Do you know when the last payment was made? If the SOL is 3 years then maybe it has expired, assuming legal action hasn't begun yet. Just a though.