I got served
Where do you live? What else came with the summons? How are th
Where do you live? What else came with the summons? How are they reported? Does th eOC still own these accounts? If not, then the complaint is defective if the OC's are listed as the Plaintiff.
Hi. I live in South Carolina. I am at work now and don't have th
Hi. I live in South Carolina. I am at work now and don't have them with me. I will get them from home and post tomorrow on how they are listed. If you don't mind me asking, what are OC's? I have no idea what any of this stuff means.
OC is original creditor. What Nascar is asking is if the Planti
OC is original creditor. What Nascar is asking is if the Plantiff is listed as the OC or if it is listed as the CA that filed with the courts. Basically the OC can't be listed as the Plantiff when it is the CA that is filing suit. Check your state SOL to see if the time has expired on this. If it is four years then it might be outside SOL.
Would the SOL be from the time the CA took it over or from the o
Would the SOL be from the time the CA took it over or from the original default date with the OC?
Ok. Here is the SOL for S.C. South Carolina Statutes of Limitat
Ok. Here is the SOL for S.C.
South Carolina Statutes of Limitation
Breach of Contract: 3 years, (SCCLA 15-3-530).
NOTE: A partial payment or acknowledgment in writing tolls the SoL, (SCCLA 15-3-30).
Foreign or Domestic Judgments: 10 years, (SCCLA 15-3-600).
I don't know exactly what it means. Can someone help me decipher it? From what I can understand, if the default is more than 3 years old then it can't be collected. Also, I haven't acknowleged anything with anyone, in writing or otherwise.
It means that if it has been more than 3 years since your last p
It means that if it has been more than 3 years since your last payment, then this suit is time barred for suit. You will have to answer the summons and your affirmative defense is SOL. SOL is based on date of last payment. Federal reporting period is based on date of first default.
Ok. So now I need to get a copy of my credit report. Thank you s
Ok. So now I need to get a copy of my credit report. Thank you so much for you help! I will bring everything tomorrow and give more specific information.
Are you sure it is 3 years? I thought shortest of any state was
Are you sure it is 3 years? I thought shortest of any state was 4 years. Verify this because it could make a huge difference since you are on the bubble.
They are one of the few with a 3 yr SOL http://www.scstatehou
served also
I had a car repoed a lil over 12 yrs ago. I haven't heard from these people in over 10 years. Suddenly in the past couple of months they somehow started contacting me on my cell phone and in my maiden name. I told them to stop contacting me & I didn't know who they were which was true. The original creditor @ some point in time I guess sold my account to a collection agency or something. I don't know. Now...yearssss later...I was served by my sheriff's dept with a civil summons for that debt. I didn't have to sign that I received the papers or anything. In the plaintiff section it is listed as the collection agency. Below that is also listed attorneys for plaintiff. There is no court date listed. I'm supposed to only send a written answer to the complaint to these people. I have no idea what I'm supposed to be answering or WHY they are coming after me after sooooo many years. I have read over the discussions and answers and have looked up my SOL for NC where I live. I still don't understand how they can try to collect after so long.
they will try... if your are outside the SOL, it is up to you to
they will try... if your are outside the SOL, it is up to you to prove that... their hope is that you won't show, they get a default judgement and then can proceed..if you call you r local court they should be able to provide you with assistance as to the propert format of your answer
Wow! 10 years later??? It is very frustrating. They already have
Wow! 10 years later??? It is very frustrating. They already have the car so I don't understand why they would be coming after you either. I checked my paperwork and both plaintiffs are the CAs. How am I supposed to answer them mine also does not have a date for court appearance, etc. It seems really complicated. Is there a sample or something that I can reference on this site? Also, is it too late to send a debt validation request?
What state are you in? Repos are covered under the UCC SOL of 4
What state are you in? Repos are covered under the UCC SOL of 4 years in most states. The SOL begins when the deficiency balance is accrued.
also, keep this in mind--just because they repo'ed the car, that
also, keep this in mind--just because they repo'ed the car, that doesnt mean that the whole balance was taken care of. In most places, they will sell the car at auction and apply the $$$ they get from that sale to the balance you owe. If the $$$ was more than the balance you owe, then they refund the difference to you, which basically never happens because they sell the car at auction for cheap cheap. So, when they apply the $$$ to the balance, and it doesnt cover the whole balance you owed, then you still are liable for the remaining amount.
One important note about SOL--it is an active-only defense, meaning you have to actually invoke it yourself. A judge will not tell the plaintiff that he is dismissing their case because of expired SOL unless you bring up the SOL in your answer to the summons. So, unless you state that the SOL has expired on this debt, they can still win a suit against you.
Remember that if you are indeed outside the sol for the deficien
Remember that if you are indeed outside the sol for the deficiency balance.. you still must argue that point in court... it is not a reason to ignore the issue rather a defense against the judgement.
nascar, I just wanted to say I enjoy reading your solid, well th
nascar, I just wanted to say I enjoy reading your solid, well thought out advice.. are you by chance an attorney? I say that not as an insult but our of observation of a very astute, analytical and legal way of thinking.
Hi I am new to the forum and enjoying reading all the posts. A
Hi
I am new to the forum and enjoying reading all the posts. Anyway, I just went to my lawyer today about a default judgement and now I have to go testify about my assets, etc... Anyway, I am disputing the debt and he said it is way easier to dispute if you do it at the judgement hearing. Do not ignore it, go to it and dispute there. Just my .02.