SOL help in Maryland
Date: Tue, 03/18/2008 - 11:09
I believe the statue of limitation has expired on this account. As far as I can recall the last payment made on this account was back in 2004. Over 3 years ago. I have tried to confirm this information to no avail. I have a recent copy of my credit report, showing this account reported 3 times, by Providian, by LVNV and a company called Sherman Financial. I never made a payment to any collection agency on this account, and my credit report appears to confirm that in 1/2005 this account was over 90 days past due with the original creditor before they wrote it off.
I wrote to the attorneys office who sent me the letter, now claiming that balance is over $2600.00 on an original $500.00 Credit Card. They claim the last payment was in 12/2005 but sent no proof of this. I advised them to cease and desist because per my recollection this account is out of statue. Once I sent them the letter, they filed suit on me. I have not been served, but saw the case was filed this month. I am 99% sure that no payment was made just 2 short years ago on this account.
How can I prove this account is out of statue? I know you must have an affidavit and billing statement to file suit. I tried to contact the original creditor they were no help, I tried to contact LVNV funding and I could not get through to anyone.
When the server comes to my door with the summons, do I accept the summons and file an intent to defend or do I have my fiance lie and say that I do not live here so they get no service.
This is the only outstanding debt I have and I refuse to pay $2600 on a credit card that was only $500.00 I need to know how I can prove this is out of statue and fight this case in court? Is it too late to get them to provide the proof of last payment made since they already filed suit? I need advice on whats the best thing to do here. I have spent the last few years trying to rebuild my credit which I have done pretty well but this account is one thing I can not pay and will not pay if I can help it.
First of all, here is the SOL for your state, according to the F
First of all, here is the SOL for your state, according to the Fair Debt at http://www.fair-debt-collection.com/SOL-by-State.html#21
Second, did you ever send a request for debt validation to them? If you have copies of correspondence, keep it for court.
Check out why the summons hasn't been served and be sure and respond in the time given.
Sherman and LVNV are all the same--LVNV operates under the Sherman Companies as well as many others. You won't get anywhere with LVNV. I, as well as others here, have dealt with them--use the search button here and see what others have to say, and what they have done.
If you use the SOL defense, you have to put that in your response to the summons.
Someone will be along to help you and give you more info on them..Good Luck..Keep us posted..Karen
Accept the summons - That way you can fight the suit in court.
Accept the summons - That way you can fight the suit in court. If you lie and say you don't live there, it can make things much harder for you in the long run. The company could get a default judgement against you, and then you would have to go through to process of vacating the judgement due to improper service. If the courts could prove that you did live there, you could also get in trouble for lying.
Also, from what I understand, the SOL for credit cards is 3 year
Also, from what I understand, the SOL for credit cards is 3 years in MD . . . So the date of last payment becomes very important here . . . If it was 1/2005, the SOL is up. If it was 12/2005, it's not up.
I truely believe that the statue ran on this account sometime in
I truely believe that the statue ran on this account sometime in 2007. But the furthest back my records go is the beginning of 2007 when it was with the northland group. I was able to reach them and they stated the account was placed with them in 1/2007 and no payment was ever made during the time with their office. I have moved several times in the last few years and thats as far back as I can track it. That and what is on my Credit Report.
I did not send them a request for verification, only a cease and desist letter. I wrote that on March 3rd and faxed it to their office. When I received a solicitation from a credit councilor I pulled up the case # to find out they originally filed suit on 2/27/08 (their demnad letter was sent on 1/16/08). I haven;t been served yet because I suppose they just filed this case and no time to have a process server show up yet? If I file an intent to defend, how can I personally prove this account is out of statue? I suppose it is too late to send a verification request since It's been over 30 days since their demand letter was sent and they already filed suit? Is that correct, would there be any point in it now?
If I also file an intent to defend based on SOL, do they have to prove that at the trial date of when I last made a payment. I worked for a law office once that did some debt handling and I've seen where they can make up phony billing statements just to file suit. I hope that wouldn't be the case for me.
