Debtconsolidationcare.com - the USA consumer forum

Forums
  • Latest topic

Court mediation in 6 months

Date: Thu, 03/01/2007 - 21:03

Submitted by anonymous
on Thu, 03/01/2007 - 21:03

Posts: 202330 Credits: [Donate]

Total Replies: 8


I recently responded to a debt collectors lawsuit in my county. I told them I didn't know about the debt or how much I owed. A few weeks later I got a letter from my states mediation office saying that the debt collector and I will have to mediate before going before a judge.

That will not be until August 2007. I just viewed my credit report online today and noticed that the date of last activity with the original creditor was 7/2003. Does that mean the sol runs out as of 7/2007? It's 4 yrs here in my state of Georgia. I also noticed that the original creditor has that date but the debt buyer has a date of 2/2007.

Also the original creditor has a date of last activity 7/2003 and a date of last payment of 12/2003 which I know I NEVER made a payment in Dec 2003. Should I just wait until the mediation date to let them know the sol has run out a month before?. which date should be honored?..Thanks for all your help...


"which date should be honored?"

The date of your last payment.

"I just viewed my credit report online today and noticed that the date of last activity with the original creditor was 7/2003. Does that mean the sol runs out as of 7/2007?"

Yes, but see below.

"Should I just wait until the mediation date to let them know the sol has run out a month before?"

I do not presume to know GA law. However, if mediation through a state agency is a prerequisite to going to court, I am guessing that the SOL would not be an available defense. The process would have already commenced. I can say with certainty that if court papers have already been filed, then the SOL is NOT going to be a defense.


lrhall41

Submitted by Morningstar on Fri, 03/02/2007 - 04:08

( Posts: 1633 | Credits: )


Morningstar,
To the best of my knowledge,you are correct. Once papers are filed,sol stops. If they filed before sol ran out then it is not a ultimate defense. I would still assert it and make collection agency prove you wrong. Sol defense in most states is a use it or lose it defense. Even it you are not out of sol,I would recommend using it when it would be close dates.


lrhall41

Submitted by cajunbulldog on Fri, 03/02/2007 - 05:10

( Posts: 4850 | Credits: )


I would write the original creditor and ask them for a full statement of activity on the account, then you will know what is up with the payment.
I am going through the same thing right now, I had a providian card, don't agree with the payment either. Cach, llc is suing me with a local lawyer. I just filed my own notice to defend today at the local courthouse.
I wrote providian a letter to see where they are coming up with this payment, and cach a letter for debt validation, neither has replied yet.


lrhall41

Submitted by fedupinpa on Fri, 03/02/2007 - 16:16

( Posts: 1511 | Credits: )


How do you get a debt collector lawsuit in your county? Mediation means exactly what? Can a lawsuit be filed on payday loans? I have a providian card that I owe over 700.00. It is in collection with trilogy capital management...I havent made a payment in a few months ( I had forgotten to be honest) Anyone know how long they might wait until they sue or can they sue?


lrhall41

Submitted by Tweety71 on Fri, 03/02/2007 - 17:35

( Posts: 2061 | Credits: )


I had a providian, the sold it off to cach llc, I am being sued by them right now. Did they offer you any kind of settlement on it. If they bought it, they probably did not pay what you owe. Offer them a settlement before you make any more payments. If they accept, make sure that you get it paid in full or they will sell the balance off to someone else and then you will have someone else hounding you for the same account.


lrhall41

Submitted by fedupinpa on Sat, 03/03/2007 - 13:37

( Posts: 1511 | Credits: )