My story...if you want to read....

[tallwater]

Hey all, new to the forums...

I'm sure this has been asked a million times but who knows.

Basically, I just found out there is a case against me in court. It is for c.c. debt from 1997! You know the story, a collection agency buys old debt for pennies on the dollar and then sues.

I don't live in the courts jurdisiction anymore. Some related family live at my old address. They told me a sheriff came a month ago to try and serve but told him I dont live there anymore. So this week the court just mailed papers through regular mail at my old address! You think the sheriff would of told the court I dont live there! So my family just gave them to me when I saw them. It's the basic you have 20 days to respond to this suit, blah, blah.

What are my options here? First off, how do you respond? There is no form to fill out or anything. Do I respond to the court or to the lawyer for the plaintiff? I would rather just try and set up a monthly plan to pay. But I think that is too late right? 12 year old debt and I didnt even know they were looking for me!

Second, how can they track me down for wage garnishment if I do nothing about it and just let it go to judgement? Heck, they dont even have my correct address.

Third, if and when I do get a court date and they give them judgement does it automatically go to bank account seizure, garnishment, or can I set up payment plan there in the court?

Just wondering how all this works. Read the stickies, but looking for more.

Any thoughts? P.S. I live in Ohio.....

Thanks!

[allavdj]

Firstly I would check the statute of limitations on collections in your state, more that likely (after 12 years) it is well past the point of being collectible.

I would definitely show up for court, see if you can dig up any documentation on the account you had, any sort of payments, balances, or whatever. After this long there is probably some erroneous information, wrong name, misspelling, wrong amounts, extra fee's, etc. I would say you stand a pretty good chance of getting it dismissed on either the SoL alone or technicalities. If it's a large amount (tens of thousands) I would talk to a lawyer. More than likely these guys are hoping you will fold under the pressure of a "judegment" and they can score some easy cheese.

[getmeoutofhere]

check

I would definately check the statue of limitations as they are probably past the date that they can collect.

Second, I would contact the court in which the suit was filed and ask them how to file a response. I would file a response and deny everything! You will most likely need to pay a small fee to file the response. If they are past the statue of limitiation, which in Arizona for example is 5 years, than I would also file a Motion to Dismiss.

They are most assuradly hoping to obtain a "default" judgement against you. DON'T LET THIS HAPPEN! Check out this website www.debtorboards.com for details on how to file a response and other great info on collections!

[treehugger1]

Look, in general, SOL is a defense you can use if you are sued. The debt is not collectable if you choose to raise the defense. But as far as I know, attempting to collect on a SOL debt is not illegal. If the SOL applies to your case, then when you are sued, you might best answer the suit and claim the SOL defense. In addition, it may very well cost you time and money to file your answer. In Oregon, the cost is ~$180 to file your answer. It doesn't hurt to raise this with the JDB or CA before it gets to the summons phase, but this doesn't mean they won't attempt a suit.

[epiphany]

I just looked up the SOL for OHIO CC debt and it is 6 years if I can believe what I read on the web. If you have moved around from state to state, the statute can get more complicated and time away from the state can place a hold on the counting period depending on what state you live in...however, the only state sited as having this complication was Florida so I don't know if OHIO would have it too. If it does, and you have been state hopping, the suit could very well be valid. That is something you would need to research.

That being said and assuming you have lived in OHIO all this time, you should be okay. The first thing I would do is call (yes, you need to talk to these people however much you don't want to) the suing party's lawyer and tell them it has been 12 years and that the SOL has run out. They may just drop the suit. That is what they should do and probably what they will do if they know they are spending good money after bad.

In many cases, collection agencies are not even aware of how old the debt that they are trying to collect on is because the junk debt has been sold over and over and over again and the paper trail has worn thin or worn out.

I would go that route first (I'd write them certified too) but be prepared to go to court and prove your SOL defense if need be.

Unless you have the ability to and your heart set on it, DO NOT PAY THEM ANYTHING! You will be resetting the clock on that uncollectable debt and one payment from you can render you newly liable for the whole thing.

Good luck,
ep

[GoingDown]

Calling them won't do any good. If they filed a lawsuit on a debt this old, no amount of talking to them will do any good. They are a corrupt law firm.

If you want to have proof to take into court that you notified them the debt was beyond the statute of limitations, say that in a letter and mail it to them by certified mail. Then take a copy of that letter and the certified mail receipt with you to court to show the judge that you did in deed tell their attorney the debt was so old it was beyond the statute of limitations for your state, and therefore the plaintiff and plaintiff's attorney should have to pay your court costs and attorney's fees.