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#1
12-03-2003, 03:52 PM
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collection co. taking someone to courtWhat is the name of your state? Illinois my sister just recieved a summons to go to court ,she had a visa with providian and they sold it to a collection co. which in turn gave her a summons for court to pay the debt. is this a new law that the collection co's. can do. is this legal , she is going to court . has any one heard of this happening to anyone? |
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#2
12-03-2003, 04:11 PM
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| go to the site budhibbs.com. Who is suing your sister? |
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#3
12-03-2003, 05:43 PM
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| It happens all the time. If the CA is licensed in IL and has legal rights to sue (and most do), then yes, CA's sue people. Your sister needs to be sure she files her Answer to the Complaint within in the allotted time. Do NOT ignore it and do NOT blow off court. When did she last pay Providian itself ? If the SOL comes into play, that could be a defense for her to get it thrown out. SOL in IL on credit cards is 5 years.
__________________ "Knowledge is Power - use it as you see fit ! I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice. |
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#4
12-03-2003, 10:13 PM
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| How can you go about finding out when the last payment was made to the CC? Is the SOL 5yrs in Illinois, and if so, is it too late to claim this if they already have a judgement for the amount? Thank you. |
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#5
12-03-2003, 10:25 PM
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| A brief highjack of the thread.... This is the thread I was talking about in the Bud Hibbs thread Lady. This guy posted this reference to the site 15 minutes after asking in another thread if anyone had heard of the website and if they would recommend it. I politely asked him to delete this reference until he got an answer to his other thread which he refused to do. It sounds like advertising to me. Now, back to our regularly scheduled thread... |
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#6
12-04-2003, 09:34 AM
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| Well, finding the last payment would best be found in her own records if she has any. Barring that, then she needs to pull all 3 credit reports and look for the 'date of last activity'. Experian typically has the best detail for this. Ex also shows a 'come off ' date - you'd deduct 7 years from that date to get a ballpark DOLA. If they already HAVE a judgment, then the SOL is a dead issue - unless she wants to appeal the judgment, which she can do.
__________________ "Knowledge is Power - use it as you see fit ! I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice. |
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