Question about: SOL, Lawsuits, Judgements, Collection agency
Date: Thu, 04/27/2006 - 00:41
The credit card account is not being reported. This debt or old balance is not reported to Experian or Equifax. Neither bureau show this account as being charged off, either.
I had to quit paying the credit card because I became unemployed in 2001. I do not own a home. I live with a friend, and I earn less than the US proverty level income. My car is 10 years old. I do not have a telephone in my name.
My questions:
Why is this creditor not reporting the old balance I had from 2003? Did they charge it off and not report that?
Is the new creditor, the collection agency, able to sue me or get a judgment? The SOL expires in a few months. Should I go bankrupt?
Thankyou very much for possibly answering my questions.
If the SOL is about to expire, do not make a payment. That would
If the SOL is about to expire, do not make a payment. That would start the SOL over. High interest rates for the past couple of years have possibly raised the balance of the credit card, as it will continue to accrue interest. That is great that it is not being reported. Maybe you will be lucky and the SOL will expire. If they report it after the SOL has expired, then you can dispute it to the bureau for that reason. The collection agency is probably a junk debt buyer that commonly buys very old debt and then tries to collect on it. A lot of times they are successful in collecting, because people do not know the laws, and start the SOL over by paying. You only stopped paying 3 years ago though, so you may need to double check the SOL in your state...I think the lowest I know of is 4 yrs. What state are you in?
If the SOL is about to expire, I would not file bankruptcy, that will stay on your credit for 10 yrs.
Which Collection Agency is it? The SOL for Washington for a wri
Which Collection Agency is it?
The SOL for Washington for a written contract (which I think is what a credit card would be) is 6 years from date of last activity.
HELP!!!
Hey Everyone,
I need advice!!! Assett Acceptance has served me papers. They are suing me over a dental loan(CARE CREDIT/MED CASH)used in 1998 for emergancy dental procedure.THe bad thing about this is that I had adequate dental insurance but was told by the dental provider it was not accepted. Due to the emergancy and pain I had no choice but to accept the Care Credit Loan. Acceptance says that I last made a payment on May 2002. A representative from Asset signed a sworn Affidavit to this. I did not make payment to them. I know that I am responsible for this debt. I wish that I had kept records of the horrible phone calls and things that were said to me!!! Assets attorney from San Antonio wants $2075.00 plus court cost and attorney fees. I have to fill a written statement to my local civil court by May 8th,2006. From the Legal advice I've received, I've basically lost the case. I'm a LVN but lost my job in 2004, Had a serious car accident September 04 (Had to obtain a Lawyer)(Hit by a company truck and the driver admitted he was in the wrong!) only to find out that I was pregnant(High Risk). I had complications with low sugar but tried to work because I knew I had bills and depts to pay. I went into pre term labor and had to stop in march 05. Baby was born May 1st 2005. I had complications again with delivery and recovery. over the past few months I have been looking for a job that would accomodate money for bills, daycare and debt. (IS this enough information?? (smile) What do I need to do??? I hate Asset Acceptance!!! They have a horrible reputation and I don't want to get messed over due to their greedy tactics!!!!
Washington State Credit cards
I am posting to this statement:
Quote:
Which Collection Agency is it? The SOL for Washington for a written contract (which I think is what a credit card would be) is 6 years from date of last activity. |
_________________
Washington credit cards SOL is 3 years. The credit accounts are not written contracts.
Renita, ask Asset Acceptance to give you the details of the debt
Renita, ask Asset Acceptance to give you the details of the debt in writing. It is your legal right to know the accurate picture of the account before you start paying them anything. Send a debt validation letter to their mailing address through certified mail with return receipt requested. Once they have received your letter, they will be legally required to submit the details with proper calculations. If they don't respond to your request, you can always prove your part of the story if the matter is taken to the court. I am sure Asset won't be interested in taking the matter to the court because they have a lot of charges against them. If they try to hit your file negatively, you can dispute the item with the bureau. The item will be verified for you.
Know the importance of a debt validation letter in the link below. This will cover most of the legal avenues on your part.
http://www.debtconsolidationcare.com/validation.html
Let me know if you need the sample letters of debt validation letter. You can get an idea from this debt validation sample letter.
asset acceptance llc
Hi, I have problems with this company, they are sue me
I had one appereance in court, the judge said they have to show the real papers because I asked, they had 20 days to responded, they with ammended complaint? the show that they buy de account and that is it, but don't show any paper signed for me or any statement , then I had two requires to appear en court for two mediations, nathing happen because they don't have any proof. now I received a letter from de court to appear for Non-Jury Trial May 18, 2006, I reported everything to Trade Commission Consumers,
beside that I don't know what can I do, please help me
thanks
Hi Elizabeth Send a letter to the credit bureau that is repor
Hi Elizabeth
Send a letter to the credit bureau that is reporting this account with Asset Acceptance. Highlight the item as disputed so that they can conduct their investigation. You will get the result of the investigation within 30 days with your file updated.
Since you appear in the fair side, show your presence in the court. Asset Acceptance is in violation of many federal laws and chances are that they won't appear in the court. If this happens, you will win the case by default. Do not miss the court date otherwise you won't be able to explain the good things about you.
AAAAAAAAAH! Not Asset Acceptance! Those guys are a bunch of char
AAAAAAAAAH! Not Asset Acceptance! Those guys are a bunch of charlatans. Look, if you had no choice in the matter of paying your credit card bill, let your paystub prove it! Let the swines take you to court, they can't win anything if you show up and stand up for yourself. Another good thing to bring is hard evidence of their illegal harassing collection tactics! You and I both know that the reason they are as such is becaus they want bonus checks so they can buy toys!
Don't fear those clowns. Check out "Harassing Their Own Collectors" in the Complain Center forum. You will see how one such Asset Acceptance collector dubbed "Melody" turned her tail and ran when we had her cornered! ha-HA!
Ikey, what were you sued for? In Texas you can't be garnished
Ikey,
what were you sued for? In Texas you can't be garnished for anything except for federal debts.
judgements
my mother is 85 living in a nursing home it takes all of her ss except for 60.00 a month she gets to keep , my question is can the credit card companies tap into her ss checks and get her kicked out of the nursing home she has no home ..thxs rpal
No they can't. SS income is non-attachable except for federal de
No they can't. SS income is non-attachable except for federal debts like back taxes or student loans.
I noticed my post from 2006 and thought I would give an update.
I noticed my post from 2006 and thought I would give an update. Asset is reporting an untrue huge debt on one of my credit reports even though they are not liscensed to collect in my state! I have asked Experian to remove the report and it is being investigated. I also noticed that the orignal debt, much smaller than what Asset reports, is now listed by Experioan as forgiven. I haven't gotten a 1099C, though.
Josie if you do not show up for a court date, they will get a de
Josie if you do not show up for a court date, they will get a default judgment. if you fail to show up for a payment hearing you will have a capias placed against you.
Last time I went, about 14 people did not show up and a capias was issued on all of them. They will now be arrested and could be held for a few days. Then they are dragged in front of a judge to see how they can pay.
Show up at all court dates and if you can't be sure to call the court.