Rebuilding Your Credit

[SanFranMatt]

I have a collection account and a SOL that expired last month, sometime in August.  I'm hopeful that they didn't sue so that I can start sending PFD letters without worrying about a lawsuit, but I noticed that they did a soft pull on my credit in both July and August - after not pulling my credit in several years.  So my question is, how and when would I know if they filed paperwork to sue sometime in August before SOL expired?  Would they send a certified letter immediately after filing suit, or would the court send something a few weeks later?  I just want to make sure I'm in the clear before I start sending letters.

Also complicating things is that I just moved on 9/1 so anything sent to my old address on or after 9/1 wouldn't have reached me.

[Cloudlb]

If they sued you, they should be trying to serve you, either in person (via constable or process server) or by certified mail.  In my county, civil suits are public records, and you can search for your name online if you have not yet been served.    Look for your county clerk or district clerk records.  For example, to look up a civil suit in my county, I go to the district clerk website--public records--civil suits--and put in the search criteria (name).  The extent to which you can search will vary depending on your location. 

[iluvmyfico]

When was it sent to the CA?  Chances are it'd show up on your CR under Public Information.  A default judgement might of been awarded but chances are you would know about it through your CR unless is was done recently.

[RobertEG]

Filing of legal action wont show on your CR.  It is not a judgment.

If they file a civil action against you, you are entitled, as has been said, to service of notice, informing you of their filing, and of your court date.

If you have recently moved, and you did not advise the credttor or the CRA of you new address, there may have been complications in providing you the requried notice of service. 

Did you not leave a postal notice of mail-forwarding when you moved?

Except for the lone star state of texas, expiration of your SOL does not prevent the filing of legal action for debt collection, at any time.

You must show up in court, and assert your SOL defense. 

Not knowing under what jurisdiction they may have filed legal action makes it hard to monitor court public records.

IF you KNOW that your SOL has expired, you might want to contact the CA and ask them of the status of any legal action they may have intitiated.

Limit your connversation to ONLY that issue.

[laz98]

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Cloudlb wrote:

If they sued you, they should be trying to serve you, either in person (via constable or process server) or by certified mail.  In my county, civil suits are public records, and you can search for your name online if you have not yet been served.    Look for your county clerk or district clerk records.  For example, to look up a civil suit in my county, I go to the district clerk website--public records--civil suits--and put in the search criteria (name).  The extent to which you can search will vary depending on your location. 

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yep, here too!