Ladynred

[the_st0rm]

What is the name of your state? Florida, now Georgia as of one month ago

Hi again. I spoke to you awhile back. You directed me to Y-Chat's SOL letter which I did mail and send certified. I am being sued by NCO Portfolio Management for an account that is past its SOL (account in FL). The attorney representing them is David Borack out of Pembroke Pines, FL.
I've been watching the dockets of my case online. Nothing has happened. I've also since moved to Georgia.
I was wondering what you think I should do next? Is there anything I can do to get the case dismissed against me? Do I just wait it out, or should I try and contact the attorney to work out a payment agreement? The cease and decist letter that I sent was around the 1st of June, 2004.
Here are the dockets with a few bleeps*name here*

05/26/2004 AFFIDAVIT OF SERVICE (ALIAS SUMMONS) UNSERVED AS TO: *Jane Doe* 0.00 0.00
05/13/2004 SUMMONS (20-DAY) ISSUED AS TO: *Jane Doe* MAILED TO ATTY 0.00 0.00
05/11/2004 AFFIDAVIT OF SERVICE (SUMMONS) UNSERVED AS TO: *Jane Doe* 0.00 0.00
05/07/2004 COVER LETTER DATED 05/05/04 0.00 0.00
09/23/2003 ORDER APPOINTING SPECIAL PROCESS SERVER - APPOINTING: *Beavis & Butthead*/ 09-22-2003/YWM 0.00 0.00
09/16/2003 SUMMONS (20-DAY) ISSUED AS TO: *Jane Doe*(RET'D TO P.S.) 0.00 0.00
09/16/2003 CIVIL COVER SHEET - NO JURY TRIAL REQUESTED 0.00 0.00
09/16/2003 COMPLAINT FOR DELINQUENT ACCOUNT Receipt: ***** Date: 09/16/2003

Thanks again!

 

[Ladynred]

Refresh my memory a bit please, when did you last pay on the account ??
They filed the suit in Sept of last year -- geez. But as long as your last payment to the original creditor was more than 4 years before the Sept filing date, then your SOL defense still stands.

You've moved, that could be a problem if they don't have your new GA address. Notices could be sent to your FL address and you might not get them in time, if at all. They could possibly get the judgment anyway - even though they are not entitled to it. You certainly do NOT have to pay on an SOL debt, and I wouldn't offer them a dime.

IF they do get a default judgment in FL, it will do them no good, but it will stain your credit report. In order for them to do anything to make you pay, they'd have to move the judgment to GA.

I would keep an eye on this as to what's going on to be sure you don't miss anything in the process. You may have to show up in court to stop them and assert your affirmative defense.

 

[the_st0rm]

Hi again,
I last paid on the account (FL) in 1998. My own stupidity because it was my first credit card and I was pregnant and never gave it a second thought. I emailed Why-Chat and he told me to just watch the dockets and see if there is any movement (there hasn't been any movement). Would I be able to file a motion to dismiss or anything to get it closed, or do these things just sit open?
Thanks again so much,
Cristina

 

[I AM ALWAYS LIABLE]

My response:

The next step for opposing counsel is to obtain an "Order for Publication of Summons". Once that happens, and it's in the Florida local newspaper, and you fail to see that "legal notice", the attorney will take your default. Then, the attorney will locate your actual address. Then, he'll have the judgment domesticated in Georgia. Then, he'll come after you with a vengeance.

IAAL

 

[the_st0rm]

Thank you IAAL, I appreciate your response greatly.