what do I do while waiting to get served?

Hang on....do you have two seperate accounts with whoever financed the computer??? If you only had one account, as long as it was charged to YOUR account, and your account was discharged in bankruptcy, they are in violation of the bankrutpcy discharge. Your business had one account, right???

Yes I have checked the court on line service site and yes a case is pending. This is a debt that I thought was discharged in a BK I filed last year. As soon as It was discharged we started getting calls from asset acceptance. One day I answered a call thinking it was someone else and it was them trying to collect the debt from my wife. She help me a lot back then and we needed to replace some computer equipment and called them to order the pieces we needed. I had an account set up in my name and the business and the stuff was supposed to go on that account but now they are saying it was her account because she ordered the computer. even though it was shipped to the business and used by the business.

The lawyer that did my BK pretty much said there is nothing he can do if the account was in her name, even though it was shipped to the business and used by the business because we didn't file together.

Anyway I gave up on that angle because we don't have the money to fight that battle so I was trying to figure out how to go about this from another angle. We are in VA and from what I can tell the SOL on credit card accounts is 3 years. The debt is from back in 05/06 and on one of the letters they sent it says the last payment on the account was 3/5/2010 so it's about to run out. I have read everything I could find in the VA code but still can't seem to find out if because now that they have a case pending does that cut off the clock on the SOL which it sounds like it did from what you are saying.

If I can't zoom in on the out of date SOL then I guess I have to attack the way they have reported this debt to the CRA's. They have it reported as brand new debt as of 6/2012 and as being in collections as of July 2012. There is nothing at all reported by the OC, no charge off or any payment record at all, only that they were the OC. They have it set up with a brand new account of their own.

I can't figure out if this is a violation of any laws that would warrant a possible motion to dismiss or give me any bargaining power. As of yet I haven't asked for any validation or made any attempt to deal with the CRA. I have just been waiting to see if I can get anyone to help me sort this out so I will be ready with some kind of answer to send in when we do get served. Thanks!

Have you checked your local county courts website to see if they have in fact filed?? That would be your first step.

If they are gonna file, there is really nothing you can do to stop them. What type of debt is this?? Who is collecting?? What state are you in??

As for the SOL, it is the filing date that counts....not the date you appear in court. As long as they file prior to SOL, you wouldnt not be able to dispute it with a SOL defense.

Well the stakes just went up. I got the knock on my door today and was left a great big ol pile of papers. I guess this changes everything. I don't see anywhere that states when I need to answer this by. all I see is a box checked that says if I wish to dispute this claim I need to show up on the return date for the judgement to set up another date for trial.

Yes, I guess we did but I don't know how with all we went through it gets really fuzzy trying to piece all the pieces together. I had an, already opened account where I had been buying computers for the business. I had just moved the business and upgraded my main computer that I had all my inventory and book keeping stuff on. The two old computers that I had been using were still in good shape so I made work stations out of them, one to be used for the shop and one I set up to be used by my future sales department.

That answers your question somewhat. The rest you don't have to read, it just gives some idea as to how all this happened.



Anyway it wasn't long after that the one in the shop had a hard drive crash and I was planing on on putting a lap top in the shop anyway so I could run my engine diagnostic programs anywhere in the shop, yard, or out in the field. I got my wife to call and order a new lap top and a new printer. She ordered the stuff and it came to the shop a few days later and I never thought any more about it. Why or how that last bunch of stuff got in her name and not the companies I truly don't know.

I had plenty of room on the business account and at the time I was paying all my bills on time. It's hard to think that far back and piece together exactly what happened with something that was just normal, routine everyday stuff at the time.

My business was a pay as you go, start up home business that out grew my little garage at home. I moved it several times over the years as it continued to grow. It was not unusual for some of the business bills to come to my home because for years I did all my bill paying and billing right out of my home office.

I had been operating as a sole proprietor and wanted to incorporate to further insulate my private life from my business. This move should have been the perfect time to make all these needed changes. But even being the perfect time as it seemed; things just never seemed to come together after the move.

It was one thing after another until the economy started tanking and that started everything to come apart. I got some false hope because it looked like for awhile things were headed back up then the fed started messing with interest rates, the gas went up to almost $5 a gal and then everything went to hell in a hand basket.

Needless to say my record keeping, banking, separation of business from personal life never got off the ground and things went downhill from there. My wife had gotten let go from her job because of down sizing and needless to say things got real interesting for awhile.

I guess what I'm saying is after we made that last move everything is a mess. While my wife was out of work she did what she could to help out and I was able to let a couple of my people go. Then several months later she got another job which was good but it did put a lot more pressure on me.

I would work all day do book work at night and went back to my old bookkeeping method of piling the bills on the corner of the desk and once the pile got so high it would topple over then it was time to pay them. I would sit down and write checks and I never paid much attention to any of them because I wasn't paying what they wanted in most cases anyway, just what I had to spare at the time.

It went on like this until I had to start making two piles, then three then I was only paying my floor plan companies, and the interest on the credit card bills just so I wouldn't lose my credit rating because if my credit went out the window so did everything else.

I was working with all my creditors and for awhile I thought everything would work out then one day B.O.A. changed their billing cycle and I didn't catch it and was late on my bill. I didn't find out about this for several months as I was just sending them the same amount I had been sending all along which was enough to cover the interest + a few bucks extra for a buffer. But I guess the buffer ran out and by the time I did take the time to look at it to see what had happened they had reported it to the CRA as late 3 times and then closed the account and demanded payment in full.

If this wasn't bad enough all the other card companies upped my interest rates from 0%,2.5%, 4%, etc. to 18%, 22% and one of then went up to 29%. When this happened my floor plan companies got spooked and upped my rates also and at that point I couldn't keep up any longer.

I know this sounds like a lot of nonsense but by this time a bill like dell got to the top of the pile it was just another in the massive pile of stuff and when a had a couple bucks left over I would pay what ever I could to the next bill in the pile until there was no more left.

Very shortly after that dell was added to the pile that automatically got filed into the trash as they came in the door like most of them. Anyway as I said earlier after awhile I never heard anything more form them until I got the call from Asset A... that day and then looked at her CR to see what was reported on it.

So all that writing and I still can't say in good faith if we had one account all along or if they did for some reason make up a new one somewhere along the way in her name.

A lot of my records were lost in the move, some were burned up in a fire we had, and the rest are so scattered out from doing research when trying to go back and straighten out old debts while I was trying to work my way out of my financial mess I was in.

Also we spent 3 years trying to get our home mortgage modified. We got hit with an audit from the state tax people, brought on by a fed tax audit. Then added to all that was what I had to get together for my BK.
My already shaky records keeping system had crashed and burned long ago so I'm sad to say that the JDB that's on our tail probably has more records than we do.LOL