07-17-2014 07:21 PM
Hello,I posted my story about this about a week ago, and since then I've learned something but, still a little confused.I'm wondering how the forum would handle this one. I answered a summons on a defaulted 2007 private student loan in Feb of 2013. I reviewed the summons and discovered that the agency suing me filed a false date of default stating the year was 2009. Long story short I NEVER throw away what i believe to be important documents,so i have the proof of when I defaulted. Last week one year and a half since i answered the complaint the agency called me asking me to settle. I then went on the county website to view the documents that were filed in my case, and there has not been one thing submitted by the plaintiff after I filed my answer. I'm now monitoring the site and have signed up for e-mail notifications so i can be a little a head of them when they put this on the court calender. What does my forum friends think about this one? any thoughts? One more thing, will this ruin my chances for a possible mortgage if this case is just sitting and waiting for a possible default? Will this be considered a judgement in the eyes of the lender/underwriter? Thanks!
07-18-2014 08:48 AM
I assume this is not showing on your CR except perhaps as a collection?
Let me see if I follow you:
1. You received a summons, which you answered, 2/13.
2. Presumably, in your answer to the summons, you pointed out the date of default was incorrect?
3. Since you filed your answer in 2/13 (~18 months ago) you have heard nothing and a court hearing has not been scheduled.
Here's what I'd do. Call the court (or look up tour state's laws) and ask if there's a time limit on bringing a case to trial after an answer has been filed. Seems to me that they either need to move forward or drop it. You may also be able to make a motion to drop the whole thing. I suspect, since they have not tried to set a court date, that they don't have a leg to stand on, but my understanding was always that once they filed, you received a summons, answered, that it was the court that set the date, not the Plaintiff. The court clerk will be able to answer that for you.
This will not show up as a judgment.
I'd also call the CA and point out that you have documentation showing when you defaulted and that reproting a false date of delinquency is illegal. Threaten to report them. Hey, may as well report them!
If you're thinking about a mortgage, take care of this now before it does end up in front of a judge. I think you have evidence on your side, but its more stressful if you have to go to court.
07-18-2014 10:51 AM
Thanks for the response songsofexperience, your are correct about everything and this was deleted from my credit profile 2 years ago. I did check in to the time limits and discovered it is up to the plaintiff to set the court date in the state of California for civil matters. I think I will call the CA and do just what you suggested they are reporting false information. Thanks again!
07-18-2014 11:19 AM
How odd. It seems to me there should be a limit on how long they can wait between summons/answer and a court date. Sounds like you need all that info you can access onlne to just go away so they need to withdraw the case. I'd love to hear how it goes - I love it when we can open a can of whuppass on them!
07-18-2014 11:59 AM
I actually have a case that was opened and dismissed - it did Not affect mortgage app because it was dismissed- once you call them you may find out that the case was dismissed due to lack of diligence usually after a certain amount of time sitting dormant the judge just dismissed which i think would be the case for you. In fact since your past the SOL i believe if they do try to open just respond with that info and the judge should dismiss again good luck
07-18-2014 01:18 PM
LOL! can of whip ass!!! That's right! Thanks again songsofexperience! Thanks to you too lesse, I will look into a possible dismissal since they DO NOT have a case. The burden of proof is on the plantiff, and they won't be able to proove that I EVER paid a dime. This was way back in 2007, some people have a lot of nerve
07-18-2014 06:48 PM
Good Luck! Yes i found the proper way of writing a motion online and submitted it- it wasnt too bad
Question how is everyone getting these 10k credit limits? are you asking NFCU or they just give to you? i started atr $500 then after a year they gave me 1500.. i would love an increase for my new house
07-18-2014 09:09 PM - edited 07-18-2014 09:13 PM
No I didn't ask for 10k, they gave it to me, and I should have asked for more but didn't study my friends post enough on the forum...LOL! actually, your scores should be good enough now to get at least 10k or more. Give them a try but, only if you already in your new home, you don't want any new inquiries...Good luck to you, and please let me know what NFCU does for you,they are awesome Oh, and while you're at it, ask for the full amount of the NavCheck....15K