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Date: Mon, 12/08/2008 - 00:39

Submitted by anonymous
on Mon, 12/08/2008 - 00:39

Posts: 202330 Credits: [Donate]

Total Replies: 4


Hi,

Hopefully someone here can help me make some good decisions that will benefit my family. Two members of my family were recently contacted by a law firm in Arizona saying their was a summons for me to appear in court. I am living the UK so there isn't much I can do. However, the card is one I lost track of and tried to deal with but lost track of it. The law firm says they tried to contact me at old addresses, but I have no proof of this.

I told them I would try to gather the money to pay. But after doing some research, I would like to know if I can send them a DV letter or anything that might delay proceedings so I can figure something out.

Questions:

Also, when I send DV letters and they don't respond should that be the end of the story?

If I am overseas what is the SOL for me?

If a creditor or collection agency cannot provide me with a signed copy of my agreement, can I fight it and say that it isn't mine?

Thanks for the help.


Thanks. But I am not a resident overseas and have no plans on coming back. However, I found out some more information. My account has been sold to Collect America by HSBC. They sold it at the charge-off rate of $687. However, the person at CA say I now owe $200- because of charges and late fees that appear in my contract. Should I fight to pay the $687 or less?


lrhall41

Submitted by on Mon, 12/08/2008 - 06:59

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the only legal way for a lawsuit to proceed against you is if you are properly served. if they cannot serve you, then they cannot proceed with the lawsuit. When they file the complaint with the court, they are given a set amount of time in which to have you served the summons, or else the summons and complaint are void--they are no longer valid. At that point, they can refile if they choose, but if they cannot find you within the us they cannot have you served. note, i said 'legally', they can still try to use an old address and pretend that you were properly served, it happens all the time.


lrhall41

Submitted by on Mon, 12/08/2008 - 08:08

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Well I managed to get them to $687, which is what I owed on the account. No more and no less.


lrhall41

Submitted by on Mon, 12/08/2008 - 08:37

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