How do i find SOL for old debt? Help!

[aim1977]

What is the name of your state? California

I received a call two days ago from an "investigator" from Alameda county (where i used to live) he stated that i was the defendant in a civil lawsuit and to call him. I called back the toll free number provided and spoke w/ this "investigator" he told me the credit card company gave the info to this law firm supposedly and that i owe a large sum of money equaling $11,000. I asked for something in writing in regards to this, so yesterday i received a fax at work (which i said was ok) it was a letter with sometype of letterhead, (not too professional looking) basically stating i owed this amount of money and if not paid by Dec. 25th more legal action would follow. This investigator told me if i pay 20% of debt now which would be about 2,000.00 there would be a "stay of claim" (whatever that means), i told him i'm a student and cannot pay this full amount. I wanted to know details such as when the last activity date was on this and last payment made, he told me he doesnt have this info?? Where can i get it, becuase i think it past the SOL and i think that could be a possible defense. I would like to pay it off but i just cant afford to do it all at once and wanted to make payments?? Any info on who i can call to get specifics on this debt??

[ihatearizona]

Check your credit reports for starters.

[stevek3]

Originally Posted by aim1977

What is the name of your state? California

I received a call two days ago from an "investigator" from Alameda county (where i used to live) he stated that i was the defendant in a civil lawsuit and to call him. I called back the toll free number provided and spoke w/ this "investigator" he told me the credit card company gave the info to this law firm supposedly and that i owe a large sum of money equaling $11,000. I asked for something in writing in regards to this, so yesterday i received a fax at work (which i said was ok) it was a letter with sometype of letterhead, (not too professional looking) basically stating i owed this amount of money and if not paid by Dec. 25th more legal action would follow. This investigator told me if i pay 20% of debt now which would be about 2,000.00 there would be a "stay of claim" (whatever that means), i told him i'm a student and cannot pay this full amount. I wanted to know details such as when the last activity date was on this and last payment made, he told me he doesnt have this info?? Where can i get it, becuase i think it past the SOL and i think that could be a possible defense. I would like to pay it off but i just cant afford to do it all at once and wanted to make payments?? Any info on who i can call to get specifics on this debt??

You already made one foolish mistake. What possessed you to give them the name of your employer? Did the Devil make you do it? No, that's just not possible. The Devil and God are mortal enemies. The Devil would not just hand God a gift to pass on to others, at least not without demanding something from God in return. This does not make any sense. You are God's gift to collection attorneys everywhere. So God must have swapped something. I wonder who or what God gave the Devil in return for your gift. Perhaps God gave the Devil a really big case of marshmallows and walnuts for roasting. Or maybe he gave the Devil a fruitcake. It's the holiday season, after all.

[aim1977]

F.Y.I i NEVER gave him the name of my employer...i merely provided them w/ a fax number to fax the info to, he didnt know who's fax it was i told him it was my personal fax number. He doesn't know where i work in fact he tried to verify my employer and had old info from a job i worked at in 97...so that info wasn't divulged. I did check my credit report and it shows n/a next to the date so i have no way of checking the SOL that way...

[ihatearizona]

You need to send off a letter to this atty ASAP demanding validation of the debt.

Use this link: [url]http://www.creditboards.com/phpBB2/viewtopic.php?t=18802[/url]

[bigun]

Contact the CRA and ask when the first default date was reported.
From the FCRA:


(5) Duty to provide notice of delinquency of accounts. A person who furnishes information to a consumer reporting agency regarding a delinquent account being placed for collection, charged to profit or loss, or subjected to any similar action shall, not later than 90 days after furnishing the information, notify the agency of the month and year of the commencement of the delinquency that immediately preceded the action.

[stevek3]

Originally Posted by aim1977

F.Y.I i NEVER gave him the name of my employer...i merely provided them w/ a fax number to fax the info to, he didnt know who's fax it was i told him it was my personal fax number. He doesn't know where i work in fact he tried to verify my employer and had old info from a job i worked at in 97...so that info wasn't divulged. I did check my credit report and it shows n/a next to the date so i have no way of checking the SOL that way...

Don't be naive. Give me any fax number, and within five minutes, I'll tell you what brand of paper is inside the paper tray. You should have given him a fax number at a UPS Store, Kinko's or someplace like that. Too late now.