Please help with questions concerning Summons and Judgement
Date: Mon, 10/02/2006 - 18:09
I received a summons to file an answer and would like to know:
1. How do I answer?
2. Is it too late to request validation of debt? (answer is due to be filed with court on Oct. 6th) I did not learn about VODs until recently and am afraid it's a lost cause because I did not do it within the 30 days of initial notice from Asset Acceptance.
3. If it is not too late to fire off a VOD, where can I find a good example format letter to go by?
4. I thought the SOL expired (Ohio) because I have not made a payment since April 2000, however on my credit report it says the date opened (with Asset?) was 2/2002 and has been reported since 6/2004 - date of status 3/2005 - last reported 9/2005. Then under "Accounts in Good Standing" it says that the orignal account with the creditor was opened in 5/1996, reported since as well as last reported in 7/2004 and the status says "transferred". What the heck does transferred mean? To whom? The amount has also been inflated to over $1000 when the orignal debt was $586... $86 over the credit limit. This is only one of the accounts they are suing on. The other one I also believe the SOL expired on because I have not made any payments since I had to leave my job in 2000.
--How do I prove SOLs expired if they made the debt look more recent on my credit report?
4. If I don't get an answer filed in time... and end up receiving a default judgement, what can they do to collect from me? *This debt occurred before I was married.* I haven't worked since March 2000. I am a stay-at-home mom, don't have any bank accounts, but have an older car in my name. Will they be able to collect from my husband? I live in OH so I don't think it is a community property state.
Ohio is actually a community property state, I know in my divorc
Ohio is actually a community property state, I know in my divorce everything had to be split 50/50 (everything that was acquired during the marriage) I don't think this debt would involve your husband since you acquired it prior to your marriage.I'm not sure but I though the SOL for OH was longer than 6 yrs. Your best bet is to respond to the summons and show up at the court date.
Try this link: http://www.debtconsolidationcare.com/forums/lvnvf
Try this link: http://www.debtconsolidationcare.com/forums/lvnvfunding-8.html
It says the OH SOL is 13 years.
I live in PA and know that if a judgement was filed against me t
I live in PA and know that if a judgement was filed against me that the creditor could have the judgement executed by selling my personal property. The house I have in solely in my name, but my boyfriend lives with me. I don't personally own anything of great value for them to sell, however, we have a big screen TV and some other expensive items in the house that are my boyfriend's. Would they be fair game to sell? The debts are only in my name, not his.
since you can't be garnished in your state, creditors can seize
since you can't be garnished in your state, creditors can seize your property to get their money. I have found non-garnishment states to be more willing to make payment arrangements, though..Probably because usually if someone is being sued for a consumer debt it's because they didn't have money to pay the debt, so they usually don't have much stuff. They can't take your boyfriends stuff..Don't bother to list them.
Don't worry so much..Show up for court. I'm willing to bet that you're going to have an opportunity to make some arrangements. Good luck, and keep us posted.
Everywhere I've seen, the SOL for written contracts in Ohio is 1
Everywhere I've seen, the SOL for written contracts in Ohio is 15 years, but 6 for open accounts. I don't really understand where 13 came from. Aren't credit cards considered open accounts?
On top of it all I'm dealing with Asset. I just don't know if I can go through this!
I think credit cards are considered revolving accounts... Yo
I think credit cards are considered revolving accounts...
You can do this.
Incorrect Social Security Number on Judgement
I am in a battle with Asset Acceptance about a year ago they were harrassing me at work and would not stop. I did get in trouble at work and was told the calls had to stop so I ignored them. They were saying they bought a charged off credit card that I had with Providian in 2000. They then filed a judgement against me for garnishment of my wages. It was a hectic time for me and I was not able to respond quick enough. They served my mother the papers and she did not get them to me earlier enough for me to do anything. I ended up with a default judgement on my record in 07/05. The garnished a few paychecks before I changed employeers. Last month I received a new writ to Garnish Wages on this previous judgement. I was able to spend more time researching this and found out the Original Judgement in 07/05 was done about a year of the SOL expired. They have this debt also listed on my credit report as opened in 09/04 which is when they bought the charged off debt. I filed an exemption and request for court hearing and they never responded so the Writ to Garnish was just dismissed. However, in researching this I realized the first judgement was out of the SOL and that all the paperwork they submited to the courthouse to file the original judgement has the incorrect social security number.
Shouldn't I be able to dismiss this original judgement to have it removed from my file since it was out of the SOL.. and since they filed it with the incorrect social security number??
I do not have money for a lawyer .. any advice would be very very helpful.
I suggest you go to legal aid for help. You should be able to lo
I suggest you go to legal aid for help. You should be able to look it up in your phone book.
they have people at the county courthouse who can help you with
they have people at the county courthouse who can help you with that, also.
FYI...Is that picture you? If so, you look like you have absolut
FYI...Is that picture you? If so, you look like you have absolutely GORGEOUS hair!
Yea, that's really me. My hair is a blessing and a curse! Thanks
Yea, that's really me. My hair is a blessing and a curse! Thanks.
FYI, You remind me of an actress that was on the Dynasty show.
FYI, You remind me of an actress that was on the Dynasty show. I can't think of what her real name is. She was the girlfriend or wife of one of Blakes sons.
