Calvary Suit

[haveus33nm3]

I have been paying/settling collections one by one. An old Orchard bank card is now coming back to haunt me. I have not been officially served, but I received a solicitation letter from a local attorney telling me that Calvary has filed suit against me and that they offer bankruptcy svcs. I looked up the old HSBC info on my credit report and it shows date of last payment was 4/2009. SOL in GA is 6 years. I guess they waited until the last possible minute to file. Original debt was $424, Calvary as a the collections on my CR's is showing $799. 

Questions:

1. Does the SOL start the date of the last pymt made? 

2. Does SOL end the date they filed or the date I am served?

3. Should I wait to be served and then take steps or contact Calvary now prior to being served? Do you think if I contact the prior to being served I'd have a little more wiggle room to negotiate? Because I'm sure they're going to try to get every bit of me that they can. 

I thought I was doing something by attacking my collections in order of affordability with DV and PFD's. My credit is actually rebounding now so this really sucks. Any  help is appreciated. Thanks!

[Anonymous]

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@haveus33nm3 wrote:

I have been paying/settling collections one by one. An old Orchard bank card is now coming back to haunt me. I have not been officially served, but I received a solicitation letter from a local attorney telling me that Calvary has filed suit against me and that they offer bankruptcy svcs. I looked up the old HSBC info on my credit report and it shows date of last payment was 4/2009. SOL in GA is 6 years. I guess they waited until the last possible minute to file. Original debt was $424, Calvary as a the collections on my CR's is showing $799. 

Questions:

1. Does the SOL start the date of the last pymt made? 

2. Does SOL end the date they filed or the date I am served?

3. Should I wait to be served and then take steps or contact Calvary now prior to being served? Do you think if I contact the prior to being served I'd have a little more wiggle room to negotiate? Because I'm sure they're going to try to get every bit of me that they can. 

I thought I was doing something by attacking my collections in order of affordability with DV and PFD's. My credit is actually rebounding now so this really sucks. Any  help is appreciated. Thanks!

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They can't pursue a suit until there is proof of service (they don't need to be hand delivered always, just to your residence). Does your country have a public records search? If so, look up your name to see if you're in small claims and when. Otherwise, go to your country courthouse and investigate there.

[Shogun]

The SOL starts when the first payment was missed and never brought current.  That date is called the DOFDor date of first delinquency.

[haveus33nm3]

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@Shogun wrote:

The SOL starts when the first payment was missed and never brought current.  That date is called the DOFDor date of first delinquency.

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Thank you. It looks like they didn't report delinquency until 12/09. In this case, would you personally contact Calvary prior to being served or wait for the papers to arrive?

[Shogun]

Contact your local court house and see if anything has been filed against you.  I would want to settle this before court, so you don't get a judgement on you.

[Anonymous]

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@Shogun wrote:

The SOL starts when the first payment was missed and never brought current.  That date is called the DOFDor date of first delinquency.

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In some states, the SOL restarts upon payment or promise to pay. 

I'd verify beyond a letter from an attorney that you're actually being sued before doing anything.

[Shogun]

If it is paid or settled, there is no SOL anymore.  If there is no lawsuit, and they sent that message, then that is a FDCPA violation.

[RobertEG]

I would call the office of the attorney and request the name of the court and the docket number pertaining to their filing of a civil action against you.

As stated, it is an express violation of the FDCPA to state that civil action has been filed when it has not.

If civil action has been filed, call the clerk of the court and request information on whether notice has been served, and if so, how was it recorded as having been served.

[Anonymous]

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@Shogun wrote:

The SOL starts when the first payment was missed and never brought current.  That date is called the DOFDor date of first delinquency.

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That may or may not be the case. State law defines when SOL starts and its not always concurrent with the DoFD - in at least one state (Texas) it begins from the date the last payment was made. OP needs to check his state laws on SOL.

[Anonymous]

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@Anonymous wrote:

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@Shogun wrote:

The SOL starts when the first payment was missed and never brought current.  That date is called the DOFDor date of first delinquency.

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In some states, the SOL restarts upon payment or promise to pay. 

I'd verify beyond a letter from an attorney that you're actually being sued before doing anything.

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Actually it 'restarts' from second DEFAULT on a repayment agreement. About a dozen states require a written and signed repayment agreement to be in effect before the SOL is reset, but the second DEFAULT is still the trigger, not the payment or agreement.