Hudson & Keyse confusion
Date: Wed, 12/02/2009 - 19:51
the story in brief --- I had a Bank of America credit card account that i defaulted on. the last payment was december 2005. I'm in NC- SOL is 3 years.
Got a summons in November 2008. Answered the summons in December 08. Got a plaintiff's first request for admissions in January 2009. Answered in January 2009. Didn't send any discovery questions myself (mistake there...) I figured I'd wait to see what they do before I try to send production of docs, interrogatories, etc.
Then- nothing until October 2009 when I got a motion to withdraw as counsel from the collector's corporate attorney. She stated that she was leaving the company and included an address to send any future correspondence to.
The attorney that withdrew was not from an outside law firm but was an employee of the collection agency.
November 13, 09- I get a letter from an attorney's office (NOT the ca) "who has been retained by the collector." This is a standard letter, 30 days to request validation (and the balance has gone from $3k (amount on the civil summons) to over $8k on this attorney's letter.) It makes no mention of the lawsuit.
I've sent them a debt validation letter but I'm confused as to why I received this since there is already an open law suit from the collection agency. When I first received the letter I had assumed that the original agency had just sold off the debt (which I was happy about since it is now outside the 3 yr SOL in NC so if they pursued legal action i could claim SOL and be done with it) but this letter says that the attorney has been retained by the collection agency.
I pulled a copy of my credit report. Underneath the entry for this CA it says:
Loan Type: Collection Agency Attorney
Remark:
Account information disputed by consumer
Date placed for collection: [ 03/2007]
Estimated date that this item will be removed: 12/2012
I researched the attorney and they don't seem to be a collection agency themselves. They represent collection agencies, banks, etc.
I'm wondering if, perhaps, the attorney who quit the CA left paperwork in a shambles and perhaps they're not even aware that there is a pending lawsuit? I"m also hoping that there's not some kind of folder somewhere that is going to be opened as soon as the attorney's office receives my DV letter. They'll see there's a lawsuit that's already been filed and just pick up where it left off? Perhaps some sort of clerical error? Or a game?
Anyone have any insight?
Got a summons in November 2008. Answered the summons in December 08. Got a plaintiff's first request for admissions in January 2009. Answered in January 2009. Didn't send any discovery questions myself (mistake there...) I figured I'd wait to see what they do before I try to send production of docs, interrogatories, etc.
Then- nothing until October 2009 when I got a motion to withdraw as counsel from the collector's corporate attorney. She stated that she was leaving the company and included an address to send any future correspondence to.
The attorney that withdrew was not from an outside law firm but was an employee of the collection agency.
November 13, 09- I get a letter from an attorney's office (NOT the ca) "who has been retained by the collector." This is a standard letter, 30 days to request validation (and the balance has gone from $3k (amount on the civil summons) to over $8k on this attorney's letter.) It makes no mention of the lawsuit.
I've sent them a debt validation letter but I'm confused as to why I received this since there is already an open law suit from the collection agency. When I first received the letter I had assumed that the original agency had just sold off the debt (which I was happy about since it is now outside the 3 yr SOL in NC so if they pursued legal action i could claim SOL and be done with it) but this letter says that the attorney has been retained by the collection agency.
I pulled a copy of my credit report. Underneath the entry for this CA it says:
Loan Type: Collection Agency Attorney
Remark:
Account information disputed by consumer
Date placed for collection: [ 03/2007]
Estimated date that this item will be removed: 12/2012
I researched the attorney and they don't seem to be a collection agency themselves. They represent collection agencies, banks, etc.
I'm wondering if, perhaps, the attorney who quit the CA left paperwork in a shambles and perhaps they're not even aware that there is a pending lawsuit? I"m also hoping that there's not some kind of folder somewhere that is going to be opened as soon as the attorney's office receives my DV letter. They'll see there's a lawsuit that's already been filed and just pick up where it left off? Perhaps some sort of clerical error? Or a game?
Anyone have any insight?
It's weird that you haven't got a court date in a year. IMO you
It's weird that you haven't got a court date in a year. IMO you must contact the court clerk and check the status of the current lawsuit. Has it been dropped?
