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I got served

Submitted by freak.me.out on Mon, 08/11/2008 - 09:28
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Hi everyone. I haven't been on in awhile because of work and family emergencies keeping me very busy. Just when things start to calm down, guess what happens??? I get served, not once, but twice, within the past two weeks from my local sheriff's dept. with past due credit card companies seeking judgments against me. They are from two different companies. Both of the accounts have been delinquent for about 4 years now. I have NO idea how to handle this. The forms say that a court appearance is not necessary. Also, the sheriffs did not have me sign anything when they served me to notices and they are both VERY old. One of them was presented to the courts in 12/07. Is it normal for it to take this long to serve the defendant? Another thing is that the original creditors are cited on the forms, but it looks like the companies that took action are the collectors, not the original companies.

How should I handle this? I know NOTHING about where to even start...Any help would be very much appreciated.


OC is original creditor. What Nascar is asking is if the Plantiff is listed as the OC or if it is listed as the CA that filed with the courts. Basically the OC can't be listed as the Plantiff when it is the CA that is filing suit. Check your state SOL to see if the time has expired on this. If it is four years then it might be outside SOL.


Submitted by DOLLARSandSINCE on Mon, 08/11/2008 - 10:42

DOLLARSandSINCE

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Ok. Here is the SOL for S.C.
South Carolina Statutes of Limitation

Breach of Contract: 3 years, (SCCLA 15-3-530).

NOTE: A partial payment or acknowledgment in writing tolls the SoL, (SCCLA 15-3-30).

Foreign or Domestic Judgments: 10 years, (SCCLA 15-3-600).

I don't know exactly what it means. Can someone help me decipher it? From what I can understand, if the default is more than 3 years old then it can't be collected. Also, I haven't acknowleged anything with anyone, in writing or otherwise.


Submitted by freak.me.out on Mon, 08/11/2008 - 10:51

freak.me.out

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I had a car repoed a lil over 12 yrs ago. I haven't heard from these people in over 10 years. Suddenly in the past couple of months they somehow started contacting me on my cell phone and in my maiden name. I told them to stop contacting me & I didn't know who they were which was true. The original creditor @ some point in time I guess sold my account to a collection agency or something. I don't know. Now...yearssss later...I was served by my sheriff's dept with a civil summons for that debt. I didn't have to sign that I received the papers or anything. In the plaintiff section it is listed as the collection agency. Below that is also listed attorneys for plaintiff. There is no court date listed. I'm supposed to only send a written answer to the complaint to these people. I have no idea what I'm supposed to be answering or WHY they are coming after me after sooooo many years. I have read over the discussions and answers and have looked up my SOL for NC where I live. I still don't understand how they can try to collect after so long.


Submitted by on Tue, 08/12/2008 - 09:50

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they will try... if your are outside the SOL, it is up to you to prove that... their hope is that you won't show, they get a default judgement and then can proceed..if you call you r local court they should be able to provide you with assistance as to the propert format of your answer


Submitted by jj on Tue, 08/12/2008 - 10:16

jj

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Wow! 10 years later??? It is very frustrating. They already have the car so I don't understand why they would be coming after you either. I checked my paperwork and both plaintiffs are the CAs. How am I supposed to answer them mine also does not have a date for court appearance, etc. It seems really complicated. Is there a sample or something that I can reference on this site? Also, is it too late to send a debt validation request?


Submitted by freak.me.out on Tue, 08/12/2008 - 10:20

freak.me.out

( Posts: 98 | Credits: )


also, keep this in mind--just because they repo'ed the car, that doesnt mean that the whole balance was taken care of. In most places, they will sell the car at auction and apply the $$$ they get from that sale to the balance you owe. If the $$$ was more than the balance you owe, then they refund the difference to you, which basically never happens because they sell the car at auction for cheap cheap. So, when they apply the $$$ to the balance, and it doesnt cover the whole balance you owed, then you still are liable for the remaining amount.

One important note about SOL--it is an active-only defense, meaning you have to actually invoke it yourself. A judge will not tell the plaintiff that he is dismissing their case because of expired SOL unless you bring up the SOL in your answer to the summons. So, unless you state that the SOL has expired on this debt, they can still win a suit against you.


Submitted by on Wed, 08/13/2008 - 09:22

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Hi
I am new to the forum and enjoying reading all the posts. Anyway, I just went to my lawyer today about a default judgement and now I have to go testify about my assets, etc... Anyway, I am disputing the debt and he said it is way easier to dispute if you do it at the judgement hearing. Do not ignore it, go to it and dispute there. Just my .02.


Submitted by ndmike25 on Wed, 08/13/2008 - 17:40

ndmike25

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