Please help me understand this

[Chanduwar]

Hi,

I have been served by Court summons by LVNV, and have to send a reply in less than 30 days.
The account is Sears.
TU in the CR mentions the drop date of the entry to be Dec 2011.
EX in the CR mentions the drop date of the entry to be OCT 2011.
EQ in the CR mentions the drop date of the entry to be Dec 2011. DOFD July 05

If this entry should fall off in 2011, then should this DOLA or DOFD not be in 2004??

How do I get the correct dates for SOL

[llecs]

Did you have a chance to DV? I would do it if not.

Yes, DOFD should be 2004. I take it that the SOL expires somewhere between this year and next?

Answer the summons!

Forgot to add, do you remember your DOFD with Sears?

Message Edited by llecs on 04-03-2008 12:12 PM

[Anonymous]

SOL varies by state - and some states are treating CCs as a written contract (TILA says it is an open account but apparently that doesn't count).  Your CRs can be used as evidence of DOFD or DOLA.

What state are you in and did you open the account in that state?

[Anonymous]

TU in the CR mentions the drop date of the entry to be Dec 2011.
EX in the CR mentions the drop date of the entry to be OCT 2011.

Your DOFD should be  around Oct & Dec 2004

EQ uses DOLA    

simple SOL

http://www.bankrate.com/brm/news/cc/20040116b2.asp?caret=8

You must answer the summons   call the courthouse and ask what you need to do!!!!!!

Send a DV  if you haven't already   CMRRR

think about getting an attorney

[Chanduwar]

I currently live in VA where I just moved in Oct 07, but this account and the default occurred in NC.

[Anonymous]

oral 3        

written   5    

promissory 6

open ended 3     

applicable VA code  8.01-246

My response would be (and submitted just before the 30 days expires ( like on day 28 or 29) is that SOL has expired.  Use TILA to re-enforce the open ended/revolving account.

The CA may be trying to stand on its a 'written' contract (don't know VA stance off the top of my head on this)

At the same time (on a separate form) file a Discovery motion asking for the following:

Signed credit application between myself and the original creditor
• Copies of all signed vouchers from the date account was opened until default
• Copies of all statements from the date account opened until default
• Proof of the statute of limitations
• Proof of agreement that you were hired by the Original creditor (creditor as defined by the FDCPA) or
• A copy of the contract Debt Collection Company Name purchased the alleged debt.
• If the alleged debt was purchased, provide a copy of an agreement between Debt Collection Company Name and myself, signed by me, stating that I have a contractual responsibility to Debt Collection Company Name for the alleged debt

Message Edited by Lady_Scarlet on 04-03-2008 12:36 PM

Message Edited by Lady_Scarlet on 04-03-2008 12:37 PM

Message Edited by Lady_Scarlet on 04-03-2008 12:37 PM

Message Edited by Lady_Scarlet on 04-03-2008 12:47 PM

[Anonymous]

May I ask what is TILA?

[Anonymous]

TILA = Truth in Lending Act   it defines a CC as an open account (specifying the 'attributes')

[Anonymous]

A CC is concider an open account AND the SOL in both states is 3 years!!

Send the the past SOL letter!

[Chanduwar]

I am gathering all the information. Looking at all that can be done. Like arming myself for this.

All of you kind people of this forum have provided me with such good and important info that has built my confidence level. Thank you for that.