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Collection agency court action

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stallion113

Guest
What is the name of your state? Georgia

I had 3 credit cards with Capitol One, all were charged off about 3 years ago.
I have been getting harrased by several collection agencies that they allegedly hired in this matter.

While I was at sea, they sent a letter threatening to have me kicked out of the Navy if I did not pay the balance due.

My mother handles my bills while I'm at sea. My mom got scared and paid one of the bills off. Now I have been served court papers for one of the other cards with a balance of almost $2,000. This happened after I sent them a letter requesting they cease communicating with me (they would call after 10 P.M. and before 8 A.M., 7 days a week, 10 or more times a day).

I have been told by a credit counsulor that I do not legally have to pay them any money since the accounts in question have been charged off, and I have not reopened the credit card accounts (intentionally or unintentionally) as I have refused to communicate with the collection agency in any way shape or form.

Where can i find the exact legal wording for my statement to the court that will support my position?
 


JETX

Senior Member
"I have been told by a credit counsulor that I do not legally have to pay them any money since the accounts in question have been charged off, and I have not reopened the credit card accounts (intentionally or unintentionally) as I have refused to communicate with the collection agency in any way shape or form."
*** Then that 'credit counselor' is an idiot. Simply, you are obligated to the creditor until only ONE thing happens... and that is the expiration of the SOL (Statute of Limitations). The SOL for a credit card (open account) debt in Georgia is 4 years from the DOLA (Date of Last Activity). Some states 'freeze' the SOL in the event that you are out of the state.

"Where can i find the exact legal wording for my statement to the court that will support my position?"
*** You can't since it is not correct.

However, there is one thing that may help you in the lawsuit if you are on active duty. That is the SSCRA (Sailors and Soldiers Civil Relief Act). You should check with your local JAG office to see if you qualify for this protection.

BTW, if you are on active duty, thank you!!
 
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stallion113

Guest
JETX said:
"I have been told by a credit counsulor that I do not legally have to pay them any money since the accounts in question have been charged off, and I have not reopened the credit card accounts (intentionally or unintentionally) as I have refused to communicate with the collection agency in any way shape or form."
*** Then that 'credit counselor' is an idiot. Simply, you are obligated to the creditor until only ONE thing happens... and that is the expiration of the SOL (Statute of Limitations). The SOL for a credit card (open account) debt in Georgia is 4 years from the DOLA (Date of Last Activity). Some states 'freeze' the SOL in the event that you are out of the state.

"Where can i find the exact legal wording for my statement to the court that will support my position?"
*** You can't since it is not correct.

However, there is one thing that may help you in the lawsuit if you are on active duty. That is the SSCRA (Sailors and Soldiers Civil Relief Act). You should check with your local JAG office to see if you qualify for this protection.

BTW, if you are on active duty, thank you!!
Yes, I am still on active duty, and I thank you for your insights.

I have been in touch with my Jag in this matter, and if they obtain a judgement will request deferement under the SSCRA which prevents them from further collection efforts until 9 years after I leave the military (at least that's what the Jag lawyer told me on the phone).

And if I have to, I will consider whether or not I should file for chapter 11.
 

bigun

Senior Member
For your sake, I hope the JAG officer is correct but I'd want some verification about the 9 year business. Could you ask him to provide something in writing.
In any event, stay safe and good luck!
 

JETX

Senior Member
As hard as it may be to believe, the JAG officer simply does not KNOW the SSCRA. You do NOT want to wait until the court grants the judgment!!

Here is a description of the applicable portion of the SSCRA:
"Another significant protection under the act relates to civil proceedings. Service members involved in civil litigation can request a delay in proceedings if they can show their military responsibilities preclude their proper representation in court. This provision is most often invoked by service members who are on an extended deployment or stationed overseas. "I would recommend a service member contact the unit or installation legal office immediately if they receive notice of court proceedings against them," Lindemann said. "Civil court proceedings can involve very complex issues and no one should do anything, including requesting a stay of proceedings, prior to seeking legal advice."
Source: http://www.defenselink.mil/specials/Relief_Act_Revision/

Also
"Court Proceedings
A service member who is either the plaintiff or the defendant in a civil lawsuit may request a stay, postponement, of a court proceeding in which he/she is a party. A service member may request a stay at any point in the proceedings.

However, courts are reluctant to grant stays at the pretrial phase of a lawsuit, such as discovery, depositions, etc. If a judgment is entered against a service member who is unavailable due to military orders, the service member may be able to have that judgment voided.

In order to apply for these protections the service member must actually be a party to the suit.

The provision only applies to civil lawsuits, suits for paternity, child custody suits, and bankruptcy debtor/creditor meetings.

The provision does not apply to:
* administrative hearings
* criminal proceedings
* child support determination (administrative proceedings)
* proceedings in which the service member is merely a material witness to the lawsuit, but not an actual party or
* service member has leave available and has made no attempt to use his/her leave to attend the proceedings

A service member should have his/her commander write a letter to the court and the opposing party’s attorney stating that the service member is unable to attend the proceedings. The member should not have an attorney draft such a letter to the court. A letter by an attorney could be considered an appearance by the service member and could subject the service member to the jurisdiction of the court."
Source: http://usmilitary.about.com/cs/sscra/a/sscra_3.htm
 

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