hearing next week

[Sky lynx]

What is the name of your state? FL
I've already been to a hearing over Discover card. The attorney is an assignee for them. Is it too late to send them a validation letter? Well, I do owe the debt, but should I send one anyway? I'm due to appear to another hearing next week. I wish I could have my own lawyer, but I lost my job last month and only get $150 a wk in unemployment.

 

[Ladynred]

I'd be inclined to say that Yes, its too late for the validation letter. Did the court grant a judgment against you for Discover ? Is the 2nd hearing for another creditor ?

You could try calling your local Bar Association and ask if there are any attoryneys doing pro bono work in this area who could take your case on short notice. Its worth a shot if you really think you need a lawyer.

 

[Sky lynx]

hearing

I went to a mediation hearing. I believe my Discover debt has passed the SOL, but cant fully prove it, as my ex threw away some of my records. so I asked for a continuance. It's close to the line. Experian shows the deliquency to start on april 2, '98. The first summons was served in March. The hearing coming up next week is for the same.

 

[Ladynred]

What do the other 2 credit bureaus show for last activity ? If all three agree, that is the data you need for the SOL. They first brought this up in March, so you could be stuck as they may have just barely beat the clock on the SOL.

 

[Sky lynx]

proving SOL

Experian is the only one that clearly lists April '98 as the delinquency date. But, Ladyinred, what about this? I paid Discover, along with four others, thru CCCS, starting in Dec '96, but missed a payment and quit with CCCS in Aug of '97. I can prove when I started with CCCS,. but lost the paperwork for quitting CCCS in'97. Will the judge accept that as the delinquency date for the SOL? I really need to know this, and thanks for looking up the other info for me.

 

[Ladynred]

TransUnion and Equifax don't show a delinquency and 'last activity' date for these accounts ? I wonder, if the last time they were paid anything was Aug of 97, why Experian would show Apr-98 ?

Its possible that the judge will accept what you have as the last activity dates, I'm really not sure if they'd be willing to essentially take your word for it. Any chance you can contact the CCCS people you were with and ask if they have records ??

Sr. Members.. or others.. any thoughts ????

 

[Sky lynx]

CCCS

I called CCCS (twice, to be sure) and they said they only save records for 2 yrs, (the idiots)

 

[john999]

Re: CCCS

I called CCCS (twice, to be sure) and they said they only save records for 2 yrs, (the idiots)

I found that a letter requesting validation sent to the CC company and filed in the court records along with a motion for timely response works. Force the credit company to show their records to you and then dispute it.

Also ask what the CC company lent to you, money or credit. The answer is credit only.

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