Debt examine? Hello. about 6 years ago i had the following debt. card
card 1 6K
card 2 4K
card 3 4K
immediately both card 1, and card 2 feel out of the SOL i live in MI. Now i get a court summons for the card 3 and i have 6 months left until the SOL is up. Why did card 1 and 2 never file suit and 3 has? has anyone else be through a court summons. i am broke from medical bills for my wife.
Good luck. The courts will go beyond judgement without you present and will keep it on your credit report for teh subsequent 10 years. You will not be able to purchase a home without that compensated off. The court will allow you to make payoff arrangements. Ensure you make it to court.
It seem that you are dealing with three different companies.
Some credit card companies are more aggressive in pursuing accounts which by contract are delinquent. Also, if you look at it from a monetary standpoint, you enjoy $3.4k on the card which filed a summons versus the rest which are far less.
When you are summoned, you must respond if not a summary judgement will be placed against you. That says that the plaintiff (credit card company) will win no matter what.
If you simply cannot rate the balance on either cards, attain in touch with the company for Card 3 since to be exact the most pressing. Tell them your situation and maybe they can work something out.
Then as soon as possible, call the companies for 1 & 2.
Good luck!
Answer:
This is very important - are you base your SOL on the date of last activity (DOLA) or the date of first delinquency -DOFD (the first time you be 30 days late and never brought the account current major to the charge off)??
If you are basing your SOL on the DOLA, you may very okay be out of SOL now. Your SOL starts running on DOFD. The DOLA is generally 6 months subsequent than the DOFD.
Theres no telling why they never sued for the other cards.
You need to answer the summons within the time allowed. Be sure to use affirmative defense of SOL as one of your defenses. make THEM prove that you are not out of SOL.
Look over your reports and the letters that they have sent you for ANY inaccurate information. If you find any (and I bet you will) file counterclaims against them.
You might check beside Legal Aid and see if they will help. Unfortunlately it seems that frequent times Legal Aid will only help beside your paperwork You would be on your own in the courtroom.
You can also go to www.naca.web (National Association of Consumer Advocates) and look for an atty in your area. Many will confer you a free first consult. Just be sure and ask about the free first consult when you call for an appt.
If you do hold counters against the collection agency, the lawyer may(?) take the baggage on contingency. If you win, the Plaintiff will pay your legal fees. Plus, if you win and you enjoy counters filed, that could be money in your pocket.
You might want to do some reading contained by the site I've listed. It will help you within knowing what to look for as for the inaccuracies. You can also find links to your states rules of civil procedure (RCP) which you will need to use as a guide when answering the summons.
Even if you use an atty, I would suggest doing as much reading on your states RCP, statutes, collection and reporting violation as you can. The more you read, the more informed you will be as not every judge or lawyer is totally lying on every FDCPA and FCRA violations.
For the other two cards, you might send a debt validation dispatch and when you get a response, or no response within 35 days, later send them a SOL letter.
You got sol brother...
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