Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

Welcome to the Bankruptcy Forum. Bankruptcy (BK) Forum is known as and will be referred to as BKF hereinafter. In order to ensure a long term success of our vibrant community, we have established certain rules and guidelines to which everyone must adhere to. Please take your time to carefully read our rules, before you start to participate in the community.

Things you agree to do: (BKF) users agree to use the search function before starting a new thread. This prevents duplicate discussions and allows for better organized topics.

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  • collector?

    Hi me again. For background again i am in heavy cc debt and havent paid a cc bill since 09 because i cant afford to and most by now have gone to collection agencies. I just received a message on voice mail that i am guessing was from a collection agency because theydidnt identify themselves but the person said and iquote i will be sending someone to your home or workplace between the hours of 9_4 mon thru fri to serve legal papers...then gave an 800 numbet to call. .i am hoping this is just a debt colle tors tactic and not true.???

  • #2
    Just a scam to scare. Ignore mode.


    • #3
      yes, thats what i was hoping..i dont think anyone would call me and announce they are sending a process server.


      • #4
        Of course it's a scam. No one is going to announce that a process server is coming. That tends to result in the defendant not being home/not answering their door, because they don't want to be served. Process servers use the element of surprise, and try to serve you during dinner, or at a time when they know you will be home.

        In your state, the SOL for suing on a credit card debt is 4 years, so if you haven't been sued now, you probably never will be. (And if you are, then make sure to file a timely answer with the court and be sure to assert the affirmative defense of SOL.)


        • #5
          Funny story. Recently, I haven't been answering my front door because I'm tired of solicitations -- which are prohibited by my HOA and enforced as trespassing by the Sheriff. In any event, I noticed this person who keeps knocking and I always see their red car. So, one day I come home and I see them across the street staring at me. As soon as I get out of the car, they dart towards me.

          They ask me if I'm John Doe. I answer that I'm Bob Smith. They were not happy! They started asking about my cars and other things. I told them that I'm Bob Smith and I don't know John Doe. I assume they had been stalking me and watching my comings and goings and thought they'd finally serve some poor guy!

          I thought it was funny, but the process server did not.

          (For the record, I am not being sued and I do not even have anything resembling litigation or repossession so... I'm not hiding. My cars are parked on the street and in the driveway without obstruction. If a process server were to leave their business card on my door, which I did receive once for my lis pendens back 5 years ago, I will call them and arrange a time. Just as I did in 2008. You don't need to stalk me!)
          Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
          Status: (Auto) Discharged and Closed! 5/10
          Visit My BKForum Blog: justbroke's Blog

          I am not an attorney. Any advice provided is not legal advice.


          • #6
            actually, i live in FL. and cant figure out if sol here is four years, or five years for cc..//


            • #7
              Originally posted by Fantasia View Post
              actually, i live in FL. and cant figure out if sol here is four years, or five years for cc..//
              Everyone that I know that fight these, treat credit cards as if they fit the Florida Statute for four (4) years. If it's over (5) years, then it's a no brainer.

              This won't stop collection and/or lawsuit. The SOL is just an affirmative defense.
              Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
              Status: (Auto) Discharged and Closed! 5/10
              Visit My BKForum Blog: justbroke's Blog

              I am not an attorney. Any advice provided is not legal advice.


              • #8
                just a scam iggy mode. and if you think about it why would they tell anyone when they were gonna serve them and put the ball in your hand and not there's


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