Spoke to an attorney about my case
Do you mean that the attorney told you that you don't have a cha
Do you mean that the attorney told you that you don't have a chance of defending yourself? Did he give you any reasons?
Yes, he said that the answer that I filed with was not good enou
Yes, he said that the answer that I filed with was not good enough
How old is the debt? What is the date of last activity (DOLA) o
How old is the debt? What is the date of last activity (DOLA) of this debt? What state do you live in? Did you ever receive written notification of this debt from the JDB that also advised you of your right to dispute this debt?
Demerits to the attorney for, seemingly, not trying to offer you any constructive advice. He sounds like an @$$!
The debt is old, but I did make payments on it last year. I did
The debt is old, but I did make payments on it last year. I did get a letter from them, but I never responded, I should have and didn't.
What state do you live in? In some states, making a payment doe
What state do you live in? In some states, making a payment does not extend or reset SOL. Don't give up that easily. There are ways to fight this.
I'm in nyc, I have the settlement letter, and if I agree, they e
I'm in nyc, I have the settlement letter, and if I agree, they expect back tomorrow
Yeah, well I expect to win the lottery tomorrow, but I don't see
Yeah, well I expect to win the lottery tomorrow, but I don't see that happening.
I'm going to let NascarDevil help you out further though, he actually just taught me yet another thing I didn't know. Payments not resetting the SOL in some states.
Good to know.
Who did you make the payment to? The OC or the CA? How did you
Who did you make the payment to? The OC or the CA? How did you make the payment? Personal Check, Debit or credit card, money order....?
There are two ways in which the statute of limitations may be tolled. One involves part payment of the debt and the other a signed acknowledgment. As to part payment, the statute will be tolled if the creditor demonstrates that it was "payment of a portion of an admitted debt, made and accepted as such, accompanied by circumstances amounting to an absolute and unqualified acknowledgment by the debtor of more being due, from which a
promise may be inferred to pay the remainder" (Lew Morris Demolition Co. v Board of Educ. of City of N.Y., 40 NY2d 516, 521). As to a written acknowledgment, pursuant to General Obligations Law ???? 17-101, the statute of limitations will be tolled by a signed written acknowledgment of an existing debt which contains nothing inconsistent with an intention on the part of the debtor to pay it (id.).
http://www.courts.state.ny.us/reporter/slips/12615.htm
Made a small payment out of fear to the collection agency's atto
Made a small payment out of fear to the collection agency's attorneys. The oc is out of the picture due to bankruptcy.
Do you mean that the OC filed BK? Because if you filed BK and i
Do you mean that the OC filed BK? Because if you filed BK and included the OC, then this CA should not be attempting to collect from you.
Well then, here's my thought. Make the CA validate this debt
Well then, here's my thought.
Make the CA validate this debt in court! I think you can answer the questions on the complaint to the effect that the CA has not given sufficient information to prove the debt is yours.
I'm guessing if the OC filed BK and went out of business, then the JDB has a snowball's chance in hell of proving the debt is yours.
Not sure if you can do that if you did make a payment, though.
Any thoughts from anyone else?
Whatever you do, don't ignore the situation and not go to court. The JDB would get a default judgment against you and it would then be an even bigger headache for you.
Ron, I filed my answer already, how do I make them validate? Wha
Ron, I filed my answer already, how do I make them validate? What do I tell the judge when I get there? Because when I filed my answer, I didn't request any discovery, I aksed the clerk about that and she was basically no help and just said "just show up"
Guest, I am really not that much in the know on this. I've just
Guest, I am really not that much in the know on this. I've just read of people requesting validation during "discovery." I do think, however, it would have to have been requested when you filed your answers.
I'm going to bump this topic back to the top of the list and hope that someone with more experience than I have can help you.
Did you, anywhere on the interrog's or discovery questions that
Did you, anywhere on the interrog's or discovery questions that you answered, make a statement to the effect: "defendant reserves the right to amend their answers"?
On the answer sheet at the bottom, I wrote need proof of ownersh
On the answer sheet at the bottom, I wrote need proof of ownership, something to that effect and whatever I could fit in the space
Attorney seems to not want case.I would study up on civil proced
Attorney seems to not want case.I would study up on civil procedures & find out how to get discovery started.During discovery you can make them prove they have sufficient evidence for their claim.