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Is This True?

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learned_my_lesson
New Contributor

Is This True?

I have been getting calls from a Couch Stillman Blit & Conville (I think that's what they are saying). So today I called to see  what it was about. They are trying to collect on a debt that dropped off my creditreport in January. Wanted to know if I was going to pay it. I said no, and it's beyond the sol. The csr said it wasn't when they filed suit in March 2006. I explained I was never served, she asked for my new address so they can serve me. I said no, not giving it to you. She then said hold on I'll see if we can get it while you're on the phone. Even though I dialed *69 before I called them, I hung up. Since they were never able to serve me back in 2006, and the sol has expired, can they still sue?
Message 1 of 19
18 REPLIES 18
guiness56
Epic Contributor

Re: Is This True?

I highly doubt they tried to serve you in 2006.  If they did chances are you would have a default judgment on your CR.

 

But, if they did file suit in 2006 and it was still within SOL, then yes, it could end up on your CR.

 

In my state you can go on line and find judgments filed against you.  Check out your counties court website.

Message 2 of 19
Anonymous
Not applicable

Re: Is This True?


@learned_my_lesson wrote:
I have been getting calls from a Couch Stillman Blit & Conville (I think that's what they are saying). So today I called to see  what it was about. They are trying to collect on a debt that dropped off my creditreport in January. Wanted to know if I was going to pay it. I said no, and it's beyond the sol. The csr said it wasn't when they filed suit in March 2006. I explained I was never served, she asked for my new address so they can serve me. I said no, not giving it to you. She then said hold on I'll see if we can get it while you're on the phone. Even though I dialed *69 before I called them, I hung up. Since they were never able to serve me back in 2006, and the sol has expired, can they still sue?

The lady was feeding you a line of crap.  If they had a judgment against you back in 2006 then she wouldn't have any reason to say they would serve you again.

 

In any event, trust Guiness56 when he tells you to check just in case to see if there are any judgments against you.  If there are, come back here and we can try and help you deal with it.  If not, send a Cease & Desist and tell them to pound salt.  For an extra bit of enjoyment and some beer money, you can sue them in small claims court for implying that they can sue you (or did sue you) when they can't (didn't). 

Message 3 of 19
Anonymous
Not applicable

Re: Is This True?

And do not call them again.   Do not have any more conversations about anything.  All your communications with CSB&C should be through registered mail, return receipt requested.
Message 4 of 19
learned_my_lesson
New Contributor

Re: Is This True?

When it dropped off my cr it was with unifund. So does that mean it was sold to unifund? This has me really worried.
Message 5 of 19
LIGHTNIN
Senior Contributor

Re: Is This True?

Collections are either sold or assigned to a CA. Is the OC still reporting? and are they reporting a balance?

 

Only one CA can report at a time, with the OC also reporting. 

FICO's May 2015 EQ764 ~~Live below your means and always keep an emergency fund -Love Everybody ~ Big Kenny ~ Big and Rich ~~~~~Credit Scoring 101 - Common Abbreviations - Freq Req Threads - Free Credit Reports - What Steps Do I Take?DV? PFD?
Message 6 of 19
Anonymous
Not applicable

Re: Is This True?

This may not be the same in the state that you are in. But call the courthouse in county that you lived in in 2006 and see if a case was filed, if they tried to serve you back in 2006 there should be a case filed, if they were unable to serve you back then, unless they motioned to keep the case open, it probably would have gotten dismissed for want of prosecution, thats a term they use here in texas when I case has sit open for a while with no activity.  I would say if they did have a case back in 2006 and it did get dismissed, then the sol would be out for filing a new case, but if they still have an open file from 2006, then sol would still be good, because they actually got it filed before sol expired. So, check with the courthouse.

Message 7 of 19
learned_my_lesson
New Contributor

Re: Is This True?

Thank you for that information. I live in Louisiana and tried to check this online and wasn't able to check it out through the parish website. I will call monday to see.

Message 8 of 19
learned_my_lesson
New Contributor

Re: Is This True?

Well, I called today. Unifund filed March 6, 2006. Since they were unable to serve me it is still open. So what should be my next step?

Message 9 of 19
learned_my_lesson
New Contributor

Re: Is This True?

Since this was dropped off cr Jan 2010, I would think the dofd was before march 2006. I  have an old cr that has date opened by unifund sept 2004. Just don't think they were within sol when they filed.

Message 10 of 19
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