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Old 07-13-2005, 01:43 PM
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Join Date: Jul 2005
Posts: 2

Please advise on possible CC suit


What is the name of your state? Wisconsin

Hi, I had a Discover card opened in 08/97 during college. I was pretty stupid and uneducated about credit cards when I first got mine. Long story short, the card has been closed and sold off to Collectin Agencies. It has gone from CA's to now a law office (local). I pretty much hate credit cards now and make it a point to pay off my wife's CC every month.

Last week, a representative at the Attorny's office handling my account called and left a message w/my wife saying I owed $3,000 and that they are going to sue if I can't pay it. The last activity on this card is 06/00. In wisconsin, I believe the SOL is 6 years..so i'm really creeping up on the limit. In any case, I didn't start doing research until this past week, and should have wrote letters of validation to these CA's.

My question is, is it too late to ask for 'validation' of the debt? Meaning all paperwork from the original creditor and formulas used to calculate interest and stuff. Also, I'm not sure if they will sue or not, but I would like to start interviewing for a lawyer to represent me if they do sue. Does anyone have any good references? Lastly, do I have any shot of getting past these CA's? I mean, if I don't, then there is no point of spending money for a lawyer to represent myself.

Thanks for reading..I know its a long post, but I have searched for some of this online, but it gets very tough.
  #2  
Old 07-13-2005, 03:33 PM
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Join Date: Jun 2004
Location: Connecticut
Posts: 3,591
Quote:
Originally Posted by yaajer
What is the name of your state? Wisconsin

Hi, I had a Discover card opened in 08/97 during college. I was pretty stupid and uneducated about credit cards when I first got mine. Long story short, the card has been closed and sold off to Collectin Agencies. It has gone from CA's to now a law office (local). I pretty much hate credit cards now and make it a point to pay off my wife's CC every month.

Last week, a representative at the Attorny's office handling my account called and left a message w/my wife saying I owed $3,000 and that they are going to sue if I can't pay it. The last activity on this card is 06/00. In wisconsin, I believe the SOL is 6 years..so i'm really creeping up on the limit. In any case, I didn't start doing research until this past week, and should have wrote letters of validation to these CA's.

My question is, is it too late to ask for 'validation' of the debt? Meaning all paperwork from the original creditor and formulas used to calculate interest and stuff. Also, I'm not sure if they will sue or not, but I would like to start interviewing for a lawyer to represent me if they do sue. Does anyone have any good references? Lastly, do I have any shot of getting past these CA's? I mean, if I don't, then there is no point of spending money for a lawyer to represent myself.

Thanks for reading..I know its a long post, but I have searched for some of this online, but it gets very tough.
First of all, you are correct that the SOL for credit card debt in Wisconsin is 6 years. It is never to late to request D.V. Below is a link you can use to get sample letters. Be sure to send the letter by CRRRM. The only lawyer I know personally is now a Circuit Court Judge, so I don't think that would help you. However, if you find a good looking single lawyer in the Milwaukee area, let me know (ha-ha).

Because your debt is still within the SOL, I don't see you having a great chance at beating the CA. However, it doesn't hurt to at least check with a lawyer. I'll ask around and see if anyone I know has a name for you if you are in Southeastern Wisconsin. Let me know.

[url]http://www.creditinfocenter.com/forms/[/url]
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  #3  
Old 07-13-2005, 04:07 PM
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Join Date: Jul 2005
Posts: 2
Thank you Veronica1228. I did contact 2 attorneys using [url]http://www.naca.net[/url]. But i'm unsure as to whether or not they are still representing.

But I will send a DV letter to these guys. It went from Discover-->Midland-->Attorney1--->Attorney2, so I'm unsure whether they have access to the originating source documents needed to for proof in court.

thanks for your help...i'll keep an eye out for any good looking lawyer though.
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