I have court on Jan 18th

[DistressedInNYC]

What is the name of your state? I have a court date in New York.

The purchasers of a past debt back in Maryland are now suing me in New York. If the statute of limitations in MD have already passed can Mel S. Harris still sue me? Also, I no longer live in New York. Does that mean anything to the legal world? I've called MSH several times to try and settle. It's a hassle for me to go to NY when I'm living in MI. Their lawyers were more than happy to pressure me into settling while at the initial appeal. I felt pressured and unsure of what to do and didn't feel it best to settle then under those conditions. Can someone please advise me as to what to do next.

I read someone's post about a "cease and desist" letter. Is that something I should write and will it "work" in my favor? The SOL in MD I'm pretty sure is 3 years. The last reported date on my cc debt was 10**03. The original balance was for $750. MSH is asking for close to $4000.

Can someone please help me. Please.

[TiredOfAbuse]

The states they can sue you in are a) The state in which you currently reside, or b) the state in which the agreement started. If you moved from MD before the SOL was up, it tolled - meaning it froze. IF you ever move back to MD, it will start where it left off.

You now live in MI. 95% of the time an Original Creditor or Junk Debt Buyer will initiate litigation in the state you currently reside. Find out what the MI Statute of Limitations is. Is the debt past SOL (Date of Last Activity was 10/03) in MI?

Now for the tricky part: How do you know you are being sued in NY if you do not live there anymore? Did you reside in NY when the suit was filed in a NY court and then move knowing there was a court date?

The balance balooned up pretty high! Did you ever write them a timely Debt Validation letter asking for validation of the total? Timely would mean within the first 30 days they had contacted you (phone or letter). If it was not timely, you will have to find out why the balance is so high when you go to court by filing what is called a Discovery.

TiredOfAbuse

[You Are Guilty]

Originally Posted by TiredOfAbuse

The states they can sue you in are a) The state in which you currently reside, or b) the state in which the agreement started.

You forgot (c), perhaps the most important one: wherever the parties agreed such suits could be filed in their cardholder agreement.

Originally Posted by TiredOfAbuse

Now for the tricky part: How do you know you are being sued in NY if you do not live there anymore? Did you reside in NY when the suit was filed in a NY court and then move knowing there was a court date?

OP, how, if at all, were you served with the "new" lawsuit? If service was bad and the SOL has lapsed, this may be your best (and easiest) defense.

[TiredOfAbuse]

You forgot (c), perhaps the most important one: wherever the parties agreed such suits could be filed in their cardholder agreement.

Thank you for your correction!

TiredOfAbuse

[annajosie]

Mel Harris is known as the Freeze King.

Do listen to the advice of these good people on this board.

The only advice I would give you as a lay person is "GET YOUR MONEY OUT OF THE BANK"!!! If Mel Harris and Thugs get a judgement against you, they will freeze your bank accounts faster than you can slap a tic!!!!

[DistressedInNYC]

Back in Nov. 07 my bank account became frozen. I fought against that judgement and I guess "won" in the sense that most of my money had been returned. MSH served me at a previous address with a very general description of the person they left the paper work with. During the time they had supposedly hand served me I was actually in Mi moving into my new place. I have Uhaul records and a lease agreement to confirm this.

The credit card at hand had been taken out in MD. The truth is there are four other credit cards on my credit info that I NEVER took out or used. Someone else took those cards out and used them to their limits. They were taken out in MD and DC while I was living in NY. I suspect it was a former roommate I lived with in DC. I can't get a hold of him and he was always a shady character.

The card at hand I'm not completely sure is mine, but there seems to have been some payments made. So I'm assuming it is my card. During the time the card was taken out and used was a very difficult time in my life, not to mention that I was much younger. The emotional stress I was under may have caused there to be lapse in payments, if the credit card is in fact mine. I'm not asking for a pity party or for my personal past debt to be waived. I just honestly want to know if the credit card is actually mine. It could be and if it is I'm happy to pay my debt off. I'm also not a push over and if my debt was originally for 750 then I think I should pay those 750 and not much more.


To answer TiredOfAbuse -

"Find out what the MI Statute of Limitations is. Is the debt past SOL (Date of Last Activity was 10/03) in MI? "

10/03 in MD. The SOL in MI is 6 years.

"Did you reside in NY when the suit was filed in a NY court and then move knowing there was a court date?"

I was in the process of moving on the date that I was supposedly served. I was in Mi.


To You Are Guilty-
"OP, how, if at all, were you served with the "new" lawsuit? If service was bad and the SOL has lapsed, this may be your best (and easiest) defense."

How do I know the SOL has lapsed? And which state do I refer to?



If I'm having doubts about this being my debt, which I do because of the other credit cards, should I just file for an affidavit? And what would that do for me. Would it mean that MSH would then have to prove that the debt is mine? That's really what I want. I just want proof that the debt is mine so I can move on from this. As I've stated before, I have no problem paying a debt that is mine. I hate having any kind of doubt about this debt, though.

[TiredOfAbuse]

The truth is there are four other credit cards on my credit info that I NEVER took out or used. Someone else took those cards out and used them to their limits. They were taken out in MD and DC while I was living in NY. I suspect it was a former roommate I lived with in DC. I can't get a hold of him and he was always a shady character.

You need to file fraud reports about these, the sooner the better!

[url]http://www.idtheft.gov/[/url]
https://rn.ftc.gov/pls/dod/widtpubl$.startup?Z_ORG_CODE=PU03

The card at hand I'm not completely sure is mine, but there seems to have been some payments made. So I'm assuming it is my card. During the time the card was taken out and used was a very difficult time in my life, not to mention that I was much younger. The emotional stress I was under may have caused there to be lapse in payments, if the credit card is in fact mine. I'm not asking for a pity party or for my personal past debt to be waived. I just honestly want to know if the credit card is actually mine. It could be and if it is I'm happy to pay my debt off. I'm also not a push over and if my debt was originally for 750 then I think I should pay those 750 and not much more.

You have every right to know if this debt is in fact yours. The fact that you want to settle your debt is very commendable.

"Find out what the MI Statute of Limitations is. Is the debt past SOL (Date of Last Activity was 10/03) in MI? "

10/03 in MD. The SOL in MI is 6 years.

Ok, so you now know that the debt is still within Statute until 10/2009.

How do I know the SOL has lapsed? And which state do I refer to?

8 times out of 10 an Original Creditor or Junk Debt Buyer will sue you in the state/county you currently reside. In my opinion, I would consider it Time Barred/Past SOL once 10/2009 has come and gone.

At this time it might be a good idea to consider contacting an attorney close to you. You can find one listed in your area at:

[url]www.naca.net[/url]

Or by using your yellow pages. It can be difficult for you, as the consumer, to defend yourself in a state you do not reside in and a free consultation from an attory will let you know exactly where you stand! Jan 18th is coming up fast, so it would be prudent to get solid legal advice before that time!

Good luck!

TiredOfAbuse