Set for Hearing

[ncredbird]

What is the name of your state? North Carolina

Several years ago I received a credit card in the mail from a company. I don_t recall applying for the card, but I need to use it at the time. At the time I was also going through a Chapter 13 Bankruptcy. I made regular payments on the card until I was late for a payment, and everything went down hill from there. I could no longer afford all the charges. I stopped paying anything. These companies harassed me big time, to the point, where I had to sent them a cease and desist letter. I have mad up my mind that I_m not paying these people unless a judge makes me, and as far as I know it is past the statue of limitations in my state. This company is notorious for harassment. They have also been sued and fined for their collection practices. Years has went on and they filed a lawsuit against me for none payment. I responded to their lawsuit with an answer. They sent me a copy of a judgment in the mail that was not signed off by a judge. Now they have requested a hearing. If the judge makes me pay them, how long do I have to do it? What should I look for? Any advice would be helpful. I don_t think this company is in business anymore. It is a collections attorney that is suing. So many people are taken advantage of because they don't know their way around in the legal system, and this is the way that I feel.

 

[seniorjudge]

Standard answer on expired SOL (statute of limitation) and/or validation and/or dispute letters. There are thousands of posts similar to yours on this forum so I have prepared a standard answer.

SOL (Statutes of limitation are DEFENSES to lawsuits; they do NOT provide a method to stop someone from suing you. This defense means when they sue you, you answer with the defense that it is barred by the SOL.)

http://www.bcsalliance.com/y_debt_sol.html

http://www.fair-debt-collection.com/Disputing_Collections/SoL-dispute-letter.html


Validation letter samples you can get at :
www.creditinfocenter.com
and www.creditboards.com

Make sure you ask for VALIDATION (and do not accept verification).


Disputes: You can write a letter of dispute to the three credit reporting agencies.

Go this website to find instructions and samples for how to dispute: http://www.creditinfocenter.com/creditreports/

Sometimes errors are easy to remove and sometimes they stick like glue. It is inexpensive to try and not difficult.

I am NOT a creditor-debtor lawyer; stand by for further help.

I am NOT vouching for the accuracy of these websites!

Debt settlement:

https://forum.freeadvice.com/showthread.php?t=293829

 

[ncredbird]

I went to the hearing that was set. I’m glad I went. I think this was a case where they were going to try to you every scare tactic they could to make me pay them. The hearing was set for default judgment. What saved my case was: #1 I filed an answer to the civil summons that was sent to me. #2 The attorney was not prepared to handle the case. #3 Most importantly the statue of limitations had expired. No the plaintiff has voluntary dismissed the case and all defendants. I am hoping that I can now put this all behind me.

Special Thanks to SeniorJudge.

 

[ncredbird]

Got a letter from the plaintiff voluntarily dismissing the case.