question about credit card bill from 5 years ago

[lexyie55]

What is the name of your state? kansas
I recently got a call from a law office about a credit card bill from 5 years ago in the amount of 600.00. They are taking me to court , I heard from them on jan.26 2005 and this is the first time in 5 years ive heard anything. I have not received any mail about this. I got a phone call today (monday) saying that my court date is Friday of this week reguarding this. My question is after 5 years of being on my credit and no notice or papers about this can they do that? This may be a dumb question to some but to me to hear out of the blue its odd. I spoke to someone on the jan 26 phone call about making payments which he told me no, that i would have to pay but they would settle for 400. I didnt have at the time. Today i spoke to someone about this and she said payments are accepted when previously i was told no, then said that i could settle for 348.00 i dont understand how it went down in one month.two different stories same law office . Please help if you can The company sueing is in NY and im in Kansas. also i was reading up on SOL.. seems my state has a 5 years SOL but since its a law office in NY i dont know if that remains the same.. what process do i need to take if i dont think i should pay this.. its been on my credit already and now is at a law office years later.

[Debt Guy]

Q. I recently got a call from a law office about a credit card bill from 5 years ago in the amount of 600.00. They are taking me to court ,

A. Have you been served a complaint and summons? If yes, treat it seriously. If not, they could be serious or just jerking your chain.

Q. I heard from them on jan.26 2005 and this is the first time in 5 years ive heard anything.

A. So. There is no duty on their part to contact you.

Q. I have not received any mail about this.

A. Again, they have no duty to write you a letter except in certain limited situations.

Q. I got a phone call today (monday) saying that my court date is Friday of this week reguarding this.

A. Are you sure? How were you served? If this is accurate, you have wasted several weeks of time which puts you behind the 8-ball.

Q. My question is after 5 years of being on my credit and no notice or papers about this can they do that?

A. If by "can they do that" you mean "can they sue" -- yes.

Q. This may be a dumb question to some but to me to hear out of the blue its odd.

A. Well, it is a little odd -- but, perhaps not if they realized the SOL was about to expire and wanted to nail you first.

Q. I spoke to someone on the jan 26 phone call about making payments which he told me no, that i would have to pay but they would settle for 400. I didnt have at the time.

A. The creditor has the right to demand payment in full immediately. You cannot force the creditor to take payments.

Q. Today i spoke to someone about this and she said payments are accepted when previously i was told no, then said that i could settle for 348.00 i dont understand how it went down in one month.

A. It went down because another 30 days passed and you did not pay up.

Q. two different stories same law office .

A. Sounds like just an evolving negotiation to me.

Q. Please help if you can The company sueing is in NY and im in Kansas.

A. The company can be in any state. The suit must be filed by an attorney licensed to practice in your state.

Q. also i was reading up on SOL.. seems my state has a 5 years SOL but since its a law office in NY i dont know if that remains the same..

A. The SOL of your state is what applies.

Q. what process do i need to take if i dont think i should pay this.. its been on my credit already and now is at a law office years later.

A. The first thing to do -- immediately -- is get a copy of your credit report, find the debt as listed by the original creditor and determine the date of last activity. If that date is more than 5 years before the date the suit was filed, the debt is out of statute. If the debt is out of statute you must respond to the summons by filing a response asking that the lawsuit be dismissed for faillure to bring the action in a timely manner.

If the debt is not out of statute, you can either make a deal or continue to blow it off. In the latter case, the creditor will be awarded a judgment and the next you hear will be your employer explaining what a wage garnishment means or your banker explaining that your bank balance is zero.

If you want to settle the debt, then make a deal -- just get it in writing.

By the way, see that key over on the right side of your keyboard -- the one marked "enter"? Give it a whack every once in a while. It sure is hard to read when you type one big long glob of words alljammedtogetherwithnospacestoseparateideasandconcepts. We call them paragraphs.

[lexyie55]

Sorry about the typing, I had a 2 month old baby on my lap and it was late. I know thats not an excuse


Q. Have you been served a complaint and summons? If yes, treat it seriously. If not, they could be serious or just jerking your chain.

A. No. I have not received anything but phone calls. The call yesterday they referred to a "case" number". I have not been served with papers.

Thankyou for answering these questions. I will take the right way out and just pay up Thankyou again.

[Debt Guy]

It is possible that you have been sued and don't know it.

Call the courthouse and talk to both the court clerk and the clerk for small claims. Give them your name and social security number. Ask if there are any pending lawsuits against you.

I still think you need to find out about the date of last activity and calculate the expiration of the statute of limitations.

Based on what you have said, it appears that these clowns have violated the Fair Debt Collection Practices Act with false and misleading statements. If you can afford $25, go down to Radio Shack and buy a tape recorder -- the type that goes between the phone hand set and the phone desk set. Start taping these phone calls. It might help you give them a slap up side the head.

[lexyie55]

I found out the last date CC was paid. That date was novemeber 15, 2000.

The lady I spoke to yesterday was asking me all sorts of stuff such as if ive received my tax refund. She knew the status I filed under and such. I said yes and she said that she will contact them to put a fraud stop on it stating I have a pending law suit. Also asking me about a vehicle loan i had 8 years ago and where the vehicle was, I havent had that car in YEARS. Also reading to me what was on my credit report.

She was also supposed to be emailing me something from the attorney stating this so called law suit, Last night. I called again today asking for it and she said it was emailed and that the Attorney will re-email it. Its been 7 hours and I'm still waiting.

I will be contacting the courts tomorrow . Thankyou for the info provided.

[Debt Guy]

Assuming no lawsuit has been filed -- and assuming you are correct that the last payment was 11/00 -- then this debt is out of statute

let me know what you find out after you talk to the court clerk.

[lexyie55]

Will do

[Ladynred]

I got a phone call today (monday) saying that my court date is Friday of this week reguarding this.

I'll bet you 100 to 1 this is pure GARBAGE -pure scare tactic. A NY lawyer can do NOTHING to you in KS, if you have been sued, you'd be getting calls from a LOCAL attorney.

The call yesterday they referred to a "case" number".

Ahh.. the dreaded 'case number' -- which is pure BULL on their part - more scare tactics. This so-called 'case number' is nothing more than their internal reference number for your account. I've heard that nonsense about a 'case number' more times than I care to count - and there was NEVER any such a thing in any court.

The lady I spoke to yesterday was asking me all sorts of stuff such as if ive received my tax refund.

And you have NO obligation to answer her intrusive questions !! Tell her to send you proof of the debt in writing and HANG UP.

Read the Fair Debt Collection Practices Act (FDCPA) and learn your rights and their limitations. Head over to [url]www.creditinfocenter.com[/url] and learn about VALIDATION and cease and desist letters. The debt IS out of statute and if, as I suspect, the court confirms there is NO lawsuit, tell 'em to take a flyin' leap at a rolling donut !

[lexyie55]

I have not contacted the courts yet, by the time i got off work it was to late
I have called AGAIN asking for a letter, or email about this and still have received NOTHING. I will look into court tomorrow at lunch .

[Debt Guy]

This sounds more and more like a pressure tactic. Let me know after you have spoken to the court and I'll help you write a cease and desist letter and stop this mess once and for all.

[lexyie55]

I spoke to court house this afternoon as soon as i got home. She said there is NO case filed . Also said i would have to receive papers before going to court, which i still havent.

I also contacted this attorney's office last night to receive an email about this and im still waiting, So i contacted her right now (thursday 4:28) and she says they have emailed it 3 times. I checked it and nothing.The woman i spoke to the other day said the lawyer emailed it, and the woman i spoke to right now says the secretary does all the emailing. She is supposed to call me back right after she emails it to see that i received it.

[lexyie55]

New info found today : Got a credit report, The CC limit was 200.00. I charged 17.00 plus it had a 98.00 annual fee , I NEVER made NOT ONE payment. I owe 348.00 for no payment and interest.

here is its status:
Charge Off as of May 2000 to Oct 2001
180 days as of Apr 2000
150 days as of Mar 2000
120 days as of Feb 2000
90 days as of Jan 2000
60 days as of Dec 1999
30 days as of Nov 1999

Status:
Transferred,closed/Account charged off. $348 written off.

Creditor's Statement:
Purchased by another lender.

Also i opened this CC 10/99 and used it once that month. Used it once and never again. I was the stupid one for not reading the "annual" fee when i got it.

If you can, please tell me exactly what this means thanks again

Sorry for the info above, i read the damn credit report wrong and it was a diff card that was paid off , again sorry for the inconvience. reguarding the "nov 15 2000 CC". I had many going at one time .Being irresponsible was my mistake.

The one listed in this statement is the CORRECT one

[Debt Guy]

OK. This debt is clearly past the statute of limitations.

Stop calling them and stop asking them to send you things.

Send them a letter. Send it certified mail and return receipt requested.

Keep it simple. Just say "This debt is past expiration for the statue of limitations in Kansas" and "I dispute this debt in its entirety" and "Immediately cease and desist all communication".

Keep copies of the correspondence and the green card you will get back in the mail.

This should be the end of the matter. If they call again, just hang up.

It is unlikely to happen but you can still be sued. If so, it is critical that you do not ignore the lawsuit. A expired SOL is merely an affirmative defense against a lawsuit. All you would need to do is file a response with the court that the debt is OOS and the judge will send them packing.

[lexyie55]

Thankyou so much for the advice, I will get right on it. I do appreciate it.. Once again Thankyou

[Who's Liable?]

and for God's sakes... STOP CALLING THEM... You are only doing their job for them...