Comments on: Debt past the Statute of Limitations and Collection Agency still suing? http://debtprison.net/wordpress/249/debt-past-the-statute-of-limitations-and-collection-agency-still-suing/ Financial Opinion Wed, 08 Feb 2012 06:39:58 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: pat http://debtprison.net/wordpress/249/debt-past-the-statute-of-limitations-and-collection-agency-still-suing/comment-page-1/#comment-13476 pat Fri, 13 Jan 2012 14:39:34 +0000 http://debtprison.net/wordpress/?p=249#comment-13476 The problem is this: SOL is an affirmative defense. You have to show up. To show up, you have to know you've been sued. It's in their interest to wait on a disputed item until, with compounded interest, a disputed charge of $135 on an account that you asked to be closed (because you don't trust them after the phony charge) becomes $1,350 four years after you move, and they "serve" you by mailing something to the "last known address" knowing full well that that means you won't even know they sued you, so that you "won't show up," because the "debt" is a complete fraud and they need you to not be there in order to win. Then the substantive issue is resolved in their favor without being addressed, and then they can automatically attach your wages and have 20 years - - I would not be surprised if they wait for 8-10 years since the judgment rate exceeds CPI, and at that point they have nothing to lose. With Lexis-Nexis and other tools, there's no "skipping." You can find anyone if you want to. They should do away with "last known address" service - it's what you do when you know you wouldn't win in court if the case were actually heard on the merits. The problem is this:

SOL is an affirmative defense. You have to show up. To show up, you have to know you’ve been sued. It’s in their interest to wait on a disputed item until, with compounded interest, a disputed charge of $135 on an account that you asked to be closed (because you don’t trust them after the phony charge) becomes $1,350 four years after you move, and they “serve” you by mailing something to the “last known address” knowing full well that that means you won’t even know they sued you, so that you “won’t show up,” because the “debt” is a complete fraud and they need you to not be there in order to win. Then the substantive issue is resolved in their favor without being addressed, and then they can automatically attach your wages and have 20 years – - I would not be surprised if they wait for 8-10 years since the judgment rate exceeds CPI, and at that point they have nothing to lose.

With Lexis-Nexis and other tools, there’s no “skipping.” You can find anyone if you want to. They should do away with “last known address” service – it’s what you do when you know you wouldn’t win in court if the case were actually heard on the merits.

]]> By: Animation3dfx http://debtprison.net/wordpress/249/debt-past-the-statute-of-limitations-and-collection-agency-still-suing/comment-page-1/#comment-13333 Animation3dfx Thu, 03 Nov 2011 00:05:08 +0000 http://debtprison.net/wordpress/?p=249#comment-13333 sombol. In my OPINION I would probably get a hold of the people that sent you the demand and ask from them the balance and date of last payment, along with the summary of all payments you made as well. DO NOT say anything else! They might talk you into saying you will make small payments or something which they might record and reset your default date! Once you get the info on the last payment date (make them send proof like a check copy) then find out if the date is past the Statue of Limitations Date. If it is then tell them it is and see what they have to say. remember you have to go to court if they file or they will win the suit by default....if you go, then it should be cleared under SOL if the default time was old enough. sombol.
In my OPINION I would probably get a hold of the people that sent you the demand and ask from them the balance and date of last payment, along with the summary of all payments you made as well. DO NOT say anything else! They might talk you into saying you will make small payments or something which they might record and reset your default date! Once you get the info on the last payment date (make them send proof like a check copy) then find out if the date is past the Statue of Limitations Date. If it is then tell them it is and see what they have to say. remember you have to go to court if they file or they will win the suit by default….if you go, then it should be cleared under SOL if the default time was old enough.

]]> By: sombol http://debtprison.net/wordpress/249/debt-past-the-statute-of-limitations-and-collection-agency-still-suing/comment-page-1/#comment-13300 sombol Fri, 14 Oct 2011 19:51:17 +0000 http://debtprison.net/wordpress/?p=249#comment-13300 I have a question. I have a debt from 10 years ago from the time I lived in Massachusetts. I currently live in New Hampshire. I have been making small payments for a number of years to a law office. Recently I printed copies of my credit report for all three agencies and I can no longer find the debt anywhere. So I stopped making payments several months ago. I received a letter today saying that if I don't make a payment they will take me to court. What should I do? Am I really still obligated to pay on a debt that no longer exists on any of my credit reports? Have I reset my SOL and therefore will I lose in court if they chose to actually go through with their threats? I have a question. I have a debt from 10 years ago from the time I lived in Massachusetts. I currently live in New Hampshire. I have been making small payments for a number of years to a law office. Recently I printed copies of my credit report for all three agencies and I can no longer find the debt anywhere. So I stopped making payments several months ago. I received a letter today saying that if I don’t make a payment they will take me to court. What should I do? Am I really still obligated to pay on a debt that no longer exists on any of my credit reports? Have I reset my SOL and therefore will I lose in court if they chose to actually go through with their threats?

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