Served a Summons...over 6 years later...
Date: Sun, 11/09/2008 - 22:52
The complaint states that I used the card from 6/01-9/02 and is requesting the full balance + 24.4 per annum.
This debt came when my ex-wife and I separated and she filed for a bunch of credit cards in my name. At the time, I contacted the credit cards companies and I haven't heard a thing from them until this time.
I just checked and the statute of limitations in Oregon for an Open Contract is 6 years. Wouldn't this be outside of that. Should my response state the SOL as a basis for dismissal? This is besides the fact that I had nothing to do with the card in the first place. Any insight would be appreciated.
Thanks...
Respond to the summons basically stating you have no knowledge o
Respond to the summons basically stating you have no knowledge of the validity of this debt claim.
Did the credit card company close the accounts?
Did you contact anyone about Identity theft?
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i guess i should check with the county clerk to see when they filed the suit. the last use on the complaint states 9/20/2002. which is pretty close. has anybody heard of ca's waiting until the last second to file to maximize on the debt?
Looks like it's out of statute to me. You also have a cause of a
Looks like it's out of statute to me. You also have a cause of action against your ex, for opening accounts in your name without your knowledge [it's called Identity Theft, and it's a felony.]
Meanwhile, check with the court to see if there's actually been a case filed against you. If there's a court case, you have to show up. Otherwise, they get a default judgement.
And get a demand for validation of the account in the mail first thing in the morning. Send it certified, return receipt, and keep the green card that comes back as proof they got it. Given your stated circumstances, I'd be wanting to see a copy of the original application with your signature on it, plus a signed [by you] contract stating that they can charge that interest rate. That's in addition to all the usual validation stuff, like a breakdown of fees, interest, and payments made, etc. If you don't get validation after sending the letter, then ask for it in discovery. They'll have to produce it in order to get a judgement.
BTW, I'd bet five bucks that they can't produce it.
And the plot thickens.... Looks like you've been targeted by
And the plot thickens....
Looks like you've been targeted by a junk debt buyer. Welcome to the club.
The summons and complaint is the first legal step. There should
The summons and complaint is the first legal step. There should be a date on it somewhere that tells you when it was filed. You have a certain amount of time to file your 'answer' to the complaint. Usually 21 to 28 days from when you received it. ' I paid it'...'I have no knowledge'...'The statute of limitations has expired...and so on. If the complaint is legit, there should be a case number in the upper right corner of the complaint. Check that with the courthouse.
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I just spoke with the law firm and it was filed on 8/1, about a month and a half before the SOL expired. They're just getting around to serving me now. I was told by the court clerk that filing a complaint was the same as filing a lawsuit. So I'm thinking the SOL won't be in play on this one. I'm going to file a motion stating two facts, this account was opened illegally and that the account has been previously deleted from my credit report. I will also file a letter of validation with the law firm representing Foxwood Financial. Does this sound like the correct course of action?
Thanks...
Just remember, whatever your answer is to the complaint, it's be
Just remember, whatever your answer is to the complaint, it's best to have evidence to back it up even though the burden of proof lies with the plaintiff.
Immediately go to the police and file for identity theft, you ca
Immediately go to the police and file for identity theft, you can also use that in your case. I don't think a DV will work now since they already filed, but you can demand validation during discovery, heck you hav a very good reason anyhow! You want that signed contract as further evidence that the signature is not yours.
Once you file for the identity theft you should contact the lawyer and explain the situation..it was opened illegally and you have a police report...they may very well drop the case if you send them a copy of the police report.
We're dealing with the same situation with my husband's ex. We h
We're dealing with the same situation with my husband's ex. We had discovered that she opened an account in his name 9 months after they were seperated. The original creditor called for payment and agreed to do an investigation. We got a letter back from them stating that he was not liable for the debt and immediately removed it from our CR.
We're dealing with another one now and may have to file a police report this time. The problem with this one is that she has admitted to the CA that the debt is hers, but the CA is still coming after us and has filed a consent judgment in court.
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she's the mother of my daughter and i'd rather not see her thrown in jail...besides, at this point the SOL is up for any criminal prosecution. i'll try and respond as best i can, but i don't have any information for six years ago.
That's how we felt, too,...and I'm not sure how that works, if y
That's how we felt, too,...and I'm not sure how that works, if you can simply file a police report but not press charges, I don't know. If you can obtain proof from the original creditor of the last payment made, and it is actually past the SOL for your state, I would use that as your defense.
If you can prove it, the judge has to dismiss the case.