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Old 06-26-2005, 01:47 PM
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Join Date: Jun 2005
Posts: 1

Quick Question, Please Help


What is the name of your state? NC

I have an old credit card debt from Providian charged off in '98. The last date of activity on one credit report is 98 and one another 99, both of which I have copies. I am awaiting current credit report to see if it has been removed yet. Received collection letters for awhile, just ignored them, thought they went away. Out of the blue I get a call from a "Law Office" in California and a letter. They say they have attempted to serve me back on June 2 at my business, but was unsuccessful. I live again in NC, but if we settle this account they can interrupt the service, as long as we pay before we are served, but they said they don't know if I have been served yet. I have looked at all the court cases in NC and do not see any outstanding summons. They also couldn't tell me who locally would be handling the case, Yada, Yada, Yada. I found the name of the attorney on the state bar site of California, but when I look for the address and phone number shown on the letter, it actually comes up to the debt purchasers of ALR Financial, Inc. I know in NC the SOL is 4 years and it is past the time limit. I also thought that in order to sue it had to be the orginal creditor, which the "law office" told me that represented. What advice, opinion does anyone have? The one thing that worried me was the date they said they tried to serve was the date I was at the beach, but I think it was the date I received the first phone call. They said that a claim had been filed, and that they were going to put a lien either on our property or our car. I think it is a debt collector with an attorney working for them and perhaps some intimidation tactics going on? Help Please
  #2  
Old 06-26-2005, 08:37 PM
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Join Date: Nov 2003
Location: South Carolina
Posts: 931
Definate intimidation going on. These debts are past the statute of limitations. They can't place liens on your property without a judgment first. Don't let them sneak one past you!

Send them a letter, certified mail return receipt, stating to NEVER contact you again due to the SOL. If they are still stupid enough to sue, the SOL is your affirmative defense. Keep records of everything for a long time to come.
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