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What should I do? CA has hired an attorney. I received a notice to appear in civil court.

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Anonymous
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What should I do? CA has hired an attorney. I received a notice to appear in civil court.

I was made aware last night, when I was served with a notice to appear in civil court in next month, that ca FFPM Carmel Holdings I, LLC bought an old HSBC credit account that was a charge-off.  I'm reside in the state of Tennessee.  I searched TN state government license search website to locate the CAs license and found nothing.  What recourse do I have at this point?  I also conducted research for general information on the CA and found postings by consumers who have had very bad experiences with them due to questionable business practices.
 
Although I've received the notice to appear in court, would I be within my rights based on Fair Credit Reporting and would it be wise to send a dv letter to the attorney representing the CA?  The attorney's address with phone number is noted on the court notice.
 
Thanks for any input.
Message 1 of 8
7 REPLIES 7
Anonymous
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Re: What should I do? CA has hired an attorney. I received a notice to appear in civil court.

What is your SOL??....if your within SOL...all you can do is try to pay in exchange for them dropping the lawsuit...if not...there is NOTHING you can do to get out of this...
Message 2 of 8
Anonymous
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Re: What should I do? CA has hired an attorney. I received a notice to appear in civil court.

Tennessee SOL is 6 years.  The account was opened in 2002.
Message 3 of 8
Anonymous
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Re: What should I do? CA has hired an attorney. I received a notice to appear in civil court.

When was the DOFD???...that's what the SOL is counted after...what is the exact date??...seems like they are withing SOL....they can wait up until that last month...as long as it's within SOL...and if the DOFD is anywhere from May 2002-December 2002...SORRY!!!
Message 4 of 8
Anonymous
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Re: What should I do? CA has hired an attorney. I received a notice to appear in civil court.



slyhouse08 wrote:
When was the DOFD???...that's what the SOL is counted after...what is the exact date??...seems like they are withing SOL....they can wait up until that last month...as long as it's within SOL...and if the DOFD is anywhere from May 2002-December 2002...SORRY!!!


DOLA is what is needed for SOL.  Date of last payment, date of last charge(if CC), etc. DOFD is different.
 
If SOL expires May 2008, they have until May 31, 2008 to file and be within SOL.
Message 5 of 8
llecs
Moderator Emeritus

Re: What should I do? CA has hired an attorney. I received a notice to appear in civil court.



cookingdiva1 wrote:
 
Although I've received the notice to appear in court......


Answer that summons.....And send that DV to Attorney & CA.


Message Edited by llecs on 05-20-2008 03:31 PM
Message 6 of 8
llecs
Moderator Emeritus

Re: What should I do? CA has hired an attorney. I received a notice to appear in civil court.



cookingdiva1 wrote:
I searched TN state government license search website to locate the CAs license and found nothing. 

And to add....I would contact the TN AG or SOS, depending on who does what in TN, and tell them that two collection firms, the CA and the attorney are trying to collect but aren't licensed. I would also contact TN State Bar Assoc to look for info on the attorney. Not saying anything is wrong, but worth a look.
Message 7 of 8
Anonymous
Not applicable

Re: What should I do? CA has hired an attorney. I received a notice to appear in civil court.

I am in TN too, have a court date coming up in late summer. You should also look into getting a reasonably priced attorney. Just in case..........
Message 8 of 8
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