does SOL apply here.
Date: Thu, 09/16/2010 - 21:29
The SOL goes from your last payment on the card and your states
The SOL goes from your last payment on the card and your states SOL. 3 years is pretty short...most states are 4-6 years.
worried
I am in MS and it is 3 yrs.. So dates are so close. Also wanted to see if you knew the answer to this, back in 12/08 I recieved asummons and responded to it within a week with a request of validation to the claim, since it was from FIA card services not BOA, I questioned it. Dont they have a time limit to respond to the validation request? NOw it is 2 yrs later and filed judgemt at courthouse. Haven't been served yet... I am praying that they don't, but we know that's wishful thinking. All the legal termonoloy is confusing I cant understand it. I read the FDCPA about validation, sounds like they had to provide proof in 30 days of receiving my request??
Last transaction...your last payment or last purchase? Did they
Last transaction...your last payment or last purchase?
Did they file against you in 08? Or 10? Do they have their judgement now?
Quote:Originally Posted by SOAPLADYLast transaction...your last
Quote:
Originally Posted by SOAPLADY Last transaction...your last payment or last purchase? Did they file against you in 08? Or 10? Do they have their judgement now? |
My last payment, in sept 07. My credit report even reflects that.
They didn't file against me in 08, I got a summons that was served to me in 12/08. I never got court date or anything, we were just to deny or admit to claim of debt WI 30 days, so we had an attorney send our response and we denied it. Included in that statement was a letter for them to support/validate the claim against me.
They never did validate. Now I found out from a letter from a bankrupcy attorney that he noticed something was filed against me and he would love to help??? So we called the courthouse and found out they filed against me on the 3rd of sept 10.
Quote:Originally Posted by AnonymousMy last payment, in sept 07.
Quote:
Originally Posted by Anonymous My last payment, in sept 07. My credit report even reflects that. They didn't file against me in 08, I got a summons that was served to me in 12/08. I never got court date or anything, we were just to deny or admit to claim of debt WI 30 days, so we had an attorney send our response and we denied it. Included in that statement was a letter for them to support/validate the claim against me. They never did validate. Now I found out from a letter from a bankrupcy attorney that he noticed something was filed against me and he would love to help??? So we called the courthouse and found out they filed against me on the 3rd of sept 10. |
On the original summons there was no mention of BOA as plaintiff only FIA card services, does that matter?
First, you do not have a case against them for SOL....the SOL pr
First, you do not have a case against them for SOL....the SOL provides for an amount of time that they have in which to file the suit. That does not mean that the whole court case must end within that time frame. They have 3 years from date of first delinquency in which to file the lawsuit against you. If you were served the summons in 12/08, then they had already filed the complaint against you in court well before the 3 years expired.
However, you need to do some checking on this one. It is rather odd that they would file suit against you nearly two years ago and only now are they getting around to filing a judgment. You need to contact the court clerk's office in the county they sued you in. You are looking for the complete docket record of this case. It will show you every detail of what has taken place. You need to review this because once the answer to the summons is filed, the plaintiff is required to send you a copy of any motion that they file in court. Some states have laws that require that the court hearing proceed within a certain amount of time, or the case becomes dead.
It may be a good idea to call that attorney back and go over this info--they would be able to help you if there has been some shady deal on this one.
