Arrow Financial Services Collection
Date: Sun, 02/21/2010 - 18:23
Thx
If you have been sued, a debt validation letter will not do a th
If you have been sued, a debt validation letter will not do a thing. You have to look up your states rules of civil procedure and request documents that way...depending on what your state laws are, what court it was filed in, you may not even be able to. In small claims in Massachusetts, there is no discovery so if one wanted it, be it the plaintiff or defendant, it would have to be moved to a regular civil docket.
When was the last time you made a payment? You said your in TN, the statute of limitations on debt is 6 years for credit cards BUT if I remember correctly, under a credit card agreement for HSBC, the contract is only governed by New Hampshire laws....If I am right about that then the SOL would be 3 years....You would have to get them to cough up a credit card agreement and use it against them if it in fact has the NH clause in it and if in fact it has been more than 3 years since a payment was made.
It's a nice dirty trick that could work if the situation calls for it...Definitely try to get one, maybe even call the lawyer and see if they have one. The thing with credit card agreements, if you can fight them in court when they are used against you, you can have it thrown out as it is inadmissible evidence BUT if you can use it to your advantage, you can win with it.
I have read one lawsuit where a debt collector got a judgment against a person, the defendant tried to get it removed, he failed I think and it went to a higher court for the second time and the guy won. They ruled that seeing as the Providian credit card agreement stated that only NH could govern the agreement that the SOL for the defendants state, which was mush higher like 6 or 10 years could not be used by the plaintiff.....
I can't seem to find the case but it's out there. Capital One is another, I think they are only governed by Virginia, 3 year SOL.
Yes I am in TN. This was a summons to civil court on behalf of
Yes I am in TN. This was a summons to civil court on behalf of Arrow Financial. Arrow purchased this debt from HSBC who I never have had credit with to my understanding. I am thinking though that HSBC might have taken over the credit of another company that I did have a card with though. I have not had or made payment on ANY credit cards since 2004. We have not been to court yet, court date is now set for 5.11 I will make note of SOL for NH for HSBC and bring that up in court. Thank you for that information
Quote:Originally Posted by Anonymous I will make note of SOL for
Quote:
Originally Posted by Anonymous I will make note of SOL for NH for HSBC and bring that up in court. Thank you for that information |
Well I wouldn't bring it up yet, only bring it up if you can get a copy of a credit card agreement and if in fact the credit card agreement states that.....If they have a credit card agreement that has a 10 year SOL, you wouldn't want to use it and would want it thrown out as evidence but if it has a 3 year SOL then you want it to stay as evidence..........you will not know until you see one.
So what do I do about this letter they just sent me with a new a
So what do I do about this letter they just sent me with a new amount due, it went from $800 to over $1000 now
i would file a motion to demand validation during discovery.brin
i would file a motion to demand validation during discovery.bring the letters with each amount with you.i wouldn't trust ARROW as far as i can throw them.in fact SHAZZERS got a default judgement vacated,and dismissed with prejudice.this place is crooked.they are more than likely sending the letters to try and get you to work a settlement as they probably have nothing,and can't validate if you request it.i would see your court clerk on how to get this filed.
So on the court date I need to bring all these letters and deman
So on the court date I need to bring all these letters and demand validation for all the amounts? Is that court date the "discovery date" as we have not been to court yet. Also what is the chance they don't even show up?