Sued on a time barred debt?
Date: Thu, 03/05/2009 - 19:56
I already filed a motion to dismiss for unlicensed debt collection in my state and a whole mess of other lies I had on paper from the attorney for them but it got denied. Apparently he says he is a debt buyer and only uses an attorney to collect his debts so he doesn't need to be licensed.
Now I just looked at a hard copy of my credit report from Trans Union, it was mailed from them and I did not print it online. The date of the credit report is from 2008. The debt collector who is suing me is on there and I noticed something........
It has: date placed for collection: 12/1999
So would I be able to use that in court as a defense that they re-aged the debt and submitted fake documents? It appears to me that the statute of limitations is up on this cause it is 6 years in my state and if it was placed for collection in 1999 then that is 9 years.
What do I do?
Hi Guest, Yes, definitely you should be able to use that as a
Hi Guest,
Yes, definitely you should be able to use that as a defense. File a motion to dismiss based on the Statute of Limitations.
chrys
The only thing that is pissing me off is they have a portfolio p
The only thing that is pissing me off is they have a portfolio purchase agreement with Global Acceptance Credit Corporation that was done in 2006. This does not have my name on it in any way and nowhere does it state they purchased my alleged account.
Also they insist the account was charged off in 2005 by providing a fake credit card statement which is nothing more than a computer printout of Late charges, interest charges, and payments. It is not until the end that over limit fees are charged so I tried to get that thrown out of court and I got denied.
If it was a major credit card company the original creditor should be on at least one of my credit reports if it was charged off in 2005, right?
How do I prove that all their evidence is fraudulent? All they have on me is my name, address and last 4 of my Social Security number. They never had my phone number and only got it because I called them one day.
Furthermore, my street has 2 different names. They initially used the name of the street that I NEVER use and eventually corrected it only because I sent them a debt validation letter with my correct address on it.
