send validation letter or get sued?
Date: Fri, 02/13/2009 - 05:38
NOW the next question is regarding the other 7 CC's. I have never Validated any of them. I have some money and would like to settle with them before they sue me too. I don't know if I should just send them a settlement letter (say offering 25%- the debts are 18 months old- and some of them have been through a couple of CA's) along with some kind of validation request.
This whole mess is making me crazy! I would love some help.
Thanks.
What state do you live in? Who owns each of these, the OC or ha
What state do you live in? Who owns each of these, the OC or have they been sold off to a JDB? If the OC still owns the debt, contact them directly. If they refer you to the CA then your pretty well stuck with dealing with them. If you did not DV the CA's w/in 30 days of receiving the intial dunnong letter, then anything you send now will not cease collection efforts. If the debt is still w/in SOL, your un-timely DV might trigger a summons.
I live in NC. I just received a summons last sunday for Disco
I live in NC.
I just received a summons last sunday for Discover Bank-
Smith, Debnam, Narron, Siantsing & Myers, LLP out of Raleigh and Charlotte NC
Citgo- ARS National Services, Inc. Escondido, CA transfered from NCO Wilmington, DE and LTD Financial Services Houston, TX
Honda Suzuki- National Enterprise Systems (NES) Solon, OH
(this is a co-signed debt for our son)
Exxon- Captial Management Services LP Buffalo, NY transfered from NCO transfered from ACB American, Inc. Cindinnati, OH
Chase Bank- Creditors Financial Group LLC Aurora CO transferred from Valentine & Kebartas, Inc. Lawrence MA
Home Depot- MCM Oaks, PA
Citibank- Northland Group, Inc. Edina MN transferred from United Collection Bureau, Inc. Toledo OH
Bank of America- NRC Nations Recovery Center, Inc. Atlanta GA
American Express (We have two of these, both are out of SOL one is almost out) one is still in house at AE
the other has gone to NCO and a few weeks ago I got a letter from the same attorney that just sued us for Discover.
If I am correct that one was SOL Aug 2008
All the rest are still in SOL.
This is so embarrassing. It's amazing how things can be just fine for 25 years and all of a sudden a situation arises and everything goes south. Everyone talks about credit but it's a big secret as to what happens when you can't pay. I just wish I knew now what I didn't know then.
Thanks for any help.
NC has a 3 year SOL. Here are some links to NC State statutes a
NC has a 3 year SOL. Here are some links to NC State statutes and RCP:
http://www.ncleg.net/gascripts/Statutes/StatutesTOC.pl
and some general info
Interest Rate: Legal:8% Judgment:8%
Statute of Limitations
Open Acct:3 ?? 1-52
Sale of Goods:4
Written Contract:3
Domestic Judgment:10
Foreign Judgment:10
Bad Check Laws (civil penalty): 30 day written demand lesser of $500 or 3x check amount, but not less than $100.
General Garnishment Exemptions:
100% of last 60 days??? earnings for family support. Garnishment only by political subdivisions for taxes, ambulance fees
Quote:Citgo- ARS National Services, Inc. Escondido, CA transfere
Quote:
Citgo- ARS National Services, Inc. Escondido, CA transfered from NCO Wilmington, DE and LTD Financial Services Houston, TX Honda Suzuki- National Enterprise Systems (NES) Solon, OH (this is a co-signed debt for our son) Exxon- Captial Management Services LP Buffalo, NY transfered from NCO transfered from ACB American, Inc. Cindinnati, OH Chase Bank- Creditors Financial Group LLC Aurora CO transferred from Valentine & Kebartas, Inc. Lawrence MA Home Depot- MCM Oaks, PA Citibank- Northland Group, Inc. Edina MN transferred from United Collection Bureau, Inc. Toledo OH Bank of America- NRC Nations Recovery Center, Inc. Atlanta GA |
I see some that are both CA and JDB. How are the OC's reporting on your credit reports? Do they show "Transferred/Sold to another Lender" on any of the tradelines?
What else came with the summons you received for Discover? The complaint, an affadavit, discovery questions, interrogatories, request for production of documents? Who is suing you? DIscover or a JDB?
Bank of America is the only one on my credit report that shows i
Bank of America is the only one on my credit report that shows if was transferred. The others just say closed, charged off.
The summons came with a complaint and affidavits from law firm saying that I live in a county that we don't live at now. We moved 7 months ago. Also an affidavit from a credit manager saying she has looked at our discover files and we owe said amount etc., and a affidavit saying that we are not in the military. We are being sued by Smith, Debnam, Narron, Siantsing & Myers, LLP out of Raleigh representing their client, Discover Bank. After checking my credit report I haven't seen any remarks from the CA's only the original remarks from the OC's. Charge off etc. I have'nt checked my husbands yet. Most of our accounts are joint accounts, so I just checked mine. Thanks for your quick reply. I am putting together answers to my summons as we speak. SO any helpful advice would be greatly appreciated. Thanks
If you are not being sued in the county you reside in file a Mot
If you are not being sued in the county you reside in file a Motion to Dismiss based on improper venue. They can re-file but it might buy you some time. The affadavit from the credit manager can be challenged in court if the person who swore out the affadavait is not in court to testify. Make sure your response is in the proper format. See the link to RCP I provided earlier.
NRC
NRC has sent me a letter and has called me .. they have gave me 2 weeks to come up with 5,900. for a settement with direct merchant band card... what do I do they will not work with me and 2 weeks is not enough time for me to come up with that kind of money.. do I have any options from NC
Send it Certified Mail. Return receipt Requested. The 6th pos
Send it Certified Mail. Return receipt Requested.
The 6th post down on this thread has a good DV letter.
