Court and Settlement Questions
Date: Mon, 08/07/2006 - 09:20
I have two questions and I really hope they are not redundant. I tried to search and found some great information but I didn't find anything to answer my questions directly.
1) My DH is going to civil court on Wednesday for a debt well out of the SOL. This is with a local lawyer dealing with First Resolution Investment Corp. Who, BTW is incredibly shady in their practices and since DH answered to the suit, they have been sweet as pie trying to get him to settle.:roll: Anyway...like I said the debt is over 6 years old and in our state the SOL is 4 years. He has his credit report showing the last date of activity. What else should he be doing or thinking of? I dont expect them to show up, but I want him to be prepared if they do.
2) He also has a debt with Checks Systems (SIGH) and it has gone to asset acceptance llc. They sent a letter today willing to accept 50% of the debt. I think it fair and we are willing to pay it. My question is, how do you send payment--I dont want them any access to our checking account and how do we ensure they will do what they say they will--receive a paid letter and report to the credit bureaus?
Thanks again!
Have you notified in writing to the lawyer that the debt went ou
Have you notified in writing to the lawyer that the debt went out of the SOL period? If you have sent this letter through certified mail, you have covered your base legally. You have to explain the same thing to the judge.
Asset has to validate the debt in writing. They should show you copies of the agreement received from the original creditor. This proves that they are doing this collection legitimately. Once your debt is validated by Asset, inform them that you will be sending your payments through certified check or money order. They will accept your payment arrangements.
Anthony-- Yes, we did send them a certified letter with the SOL
Anthony--
Yes, we did send them a certified letter with the SOL spelled out. Thanks for the response about that.
We will go ahead and ask for validation on the other...
You guys are too good! Thanks again.
I think in this case (if they accept an offer?) you should be ok
I think in this case (if they accept an offer?) you should be ok to pay them by check as that is basically the only way to keep a record of things they have received and cashed. You can always get all the delivery confirmation/tracking/etc for a cashier's check...
Hi all! My DH went to court this morning and the debt collector
Hi all! My DH went to court this morning and the debt collector filed to dismiss without prejudice -- I realize that means they can file suit again if they wish.
I was reading on another board and it said that once a lawsuit is filed the SOL begins again. Is that correct? Because if not, I dont understand the dismissal since is is over 5 years old and our states SOL is 4 years.
The sol doesn't renew with the filing of the lawsuit and thereaf
The sol doesn't renew with the filing of the lawsuit and thereafter being dismissed. But, yes the CA or the credit company will start contacting you again attempting collections. Why was the case dismissed in the court?
I forgot to add that It is my impression the current CA will wan
I forgot to add that It is my impression the current CA will want to sell the debt and dismissing w/o prejudice would give them a bargaining chip.
My first post today didnt show up... Thank christina for the
My first post today didnt show up...
Thank christina for the reply!
The case was dismissed by the CA. They did it just a few days before the court date, so we didnt get the letter until after he went to court when the judge notified him the CA had dismissed.