CalypsoBlue said:
California
I just got served a summons on an old credit card debt. Unfortunately it shows that I made three $25.00 payments Jan Feb. and March of 2000. I actually don't remember who I was making these payments too, but then I was so gorked out on morphine at the time (work injury). These payments were withdrawn from my account via ATM so they have no written records of me making these payments or agreeing to the payments. All the credit reports showed date of last activity as of Sept 1997. So this debt has dropped off all of the CRA reports. The attorney filed the lawsuit in April but just served me today (go figure). So am I “officially” past the SOL? Oh how do I respond and do I use copies of my credit report showing date of last activity and the fact that this debt has dropped of all CRA reports.
FYI I am 100% disabled and collect SSDI a workers comp settlement and disability retirement. My house is homesteaded and is worth exactly what the $150,000.00 homestead allows. (Not counting the $50,000 I owe the bank). So do these guys think they call squeeze blood from a stone?
I reside In CA. The Statutue of limitations endd four (4) years from the original date of delinquency.
In your answer, state it is past the SOL, give the last date you made a payment and their lawsuit is illegal. Even if the ODD was March 2000, it is still past 4 years...
but since they served you, DO NOT ignore it!
send in your reply, you can find forms at
http://www.courtinfo.ca.gov/forms/
GO to the hearing! if you do not, they can get a judgment against you and tehn you will HAVE to pay! they CAN garnish you and the SOL on a judgment is 10 years froms the date of the judgement!
and send them a SOL letter, they have one at
http://whychat.5u.com/nottoca.html with the correct statuets to insert, or here is the one I had to use which I got from whychat.5u.com, filled in:
[Subscriber]
[Address]
[City state ZIP]
[Collector]
[Address]
[City State ZIP]
[Phone number]
[Date] Certified Mail No.: _____________
Re ; inquiry dated ____: your file # _____
Greetings:
Thank you for your recent inquiry. This is not a refusal to pay, but a notice that your claim is disputed.
The Rules Of Civil Procedure of my State of (State ) provide a Statute Of Limitations limiting the time frame for any legal collection activities.
Please be advised that under the TILA § 15 a credit card account is legally defined as an "open" account.
The Act is in Title I of the Consumer Credit Protection Act and is implemented by the Federal Reserve Board via Regulation Z (12 C.F.R. Part 226).
The Regulation has effect and force of federal law.
Open-end Credit Transactions:
Open-end credit includes bank and gas company credit cards, stores' revolving charge accounts, and cash- advance checking accounts.
Typical features:
Creditors reasonably expect the consumer to make repeated transactions.
Creditors may impose finance charges on the unpaid balance.
As the consumer pays the outstanding balance, the amount of credit is once again available to the consumer
Under my State of California Code Cal. Civ. Code §337the subject account has a Four year limit for filing any legal action for collection.
The starting date of this statute of limitations being the later of the date of last activity, or the date of first default with the ORIGINAL CREDITOR of the subject account.
Records indicate that this date on the subject account #___________ with (creditor name) is __ ___ ____.
This notification is formal notice to you that
any filing of such action by you, or your representatives or assigns, is therefore time-barred.
Under the FDCPA, any such action, or threat of such action is a violation of the law, and grounds for fines and civil sanctions.
807. False or misleading representations
A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt.
Without limiting the general application of the foregoing, the following conduct is a violation of this section:
(2) The false representation of-
(A) the character, amount, or legal status of any debt; or
(4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.
(5) The threat to take any action that cannot legally be taken or that is not intended to be taken.
This notification to you is of applicable legal statutes, codes and laws. Other Federal and State laws may apply.
Additionally, under the laws of my State, California Penal Code sections 518-527, continued collection activities, including reporting, verification or reinsertion of accounts. beyond their legal collection date to any consumer credit reporting agency, may be considered extortion and/or fraud and subject to criminal as well as civil prosecution.
Please note that proof of your receipt of this notice may be used by me or my legal representative in further action.
I also reserve the right to forward a copy of this letter, and any other pertinent material to the CA lawyer's State Bar Association.
Best regards,
[Subscriber]print or type name
Good Luck!
(BTW, I am not an attorney, and any answer I provide is due to my own personal knowledge, research, investigation and self-experience.)
