can a CA sue if they are assigned an acct but the OC doesnt exist anymore?

[Anonymous]

I have posted my issue w/a CA once before, now I have a new question about this same CA. OC is an apt complex, and CA is sentry recovery, I plan to send a DV when i recieve the rebate deposit just incase they try to sue me, I dont know if this CA owns the account or were assigned the account, eaither way the OC is no longer around were bought out by another company about 2 or 3 years ago(the lady i called doesnt know for sure if 2 or 3yrs) anyways, she told me that because the OC doesnt exist anylonger they dont have any records for me, so if the account was assigned to the CA and they validate w/all requested items, can they still sue me even though the OC doesnt exist?

From my understanding and readings on different sites about laws and CA, if the CA was assigned the account they would need permission from the OC to sue me.True??

DOFD 5/2004 SOL in NV is 6 years for a written and 4 years for a lease which is what this would be considered. my state is cali and our SOL is 4 years.

I am requesting from the CA to provide copy of original contract, all rent recipets, copy of their agreement that the CA can collect interest(if their is no written agreement between OC & CA they cant legally collect interest) and some kind of document showing if they bought the account or if they were assigned the acocunt.

odd thing is the amount on my CR shows $1708, date of last activity is 7/2005, if they wanted their money badly enough why go almost 3 years w/out trying to contact me?

another odd thing, when they last contacted by phone they threatned to sue, again almost 3 years and no contact of any kind, also weird is that they threatned to sue and now I find out that the OC was bought out by a new company around or just after their threat to sue.

does this make any sense to anyone? not me!!

[Anonymous]

Only the OWNER of an account can sue!

[Anonymous]

If they haven't updated or contacted since about the time the OC was bought out, I'd go out on a limb and be willing to say they don't have the account any longer. That is just my guess.

Message Edited by sidewinder on 05-01-2008 04:21 AM

[Anonymous]

would i go by cali's SOL or NV's SOL and which SOL for NV do I go by the 6 years written or the 4 yeras lease SOL?

[Anonymous]

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momof2 wrote:

would i go by cali's SOL or NV's SOL and which SOL for NV do I go by the 6 years written or the 4 yeras lease SOL?

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They can sue using whichever state's SOL is favorable to them. So, to be completely out of SOL, you'd need to be past SOL in BOTH states.

If it was a lease, I'd say lease. But dont' quote me on that.

[Anonymous]

pretty sure I am out of SOL in both, it says NV SOL is 6 yr on written and 4 yrs on a lease(i assume their talking about like an apt complex)

[Anonymous]

i called the OC who is no longer the OC but under new management and the lady i talked to said that all accounts that were referred to the CA, the CA had bought the account. So now my next step is to send them a DV?! but the SOL in NV is 6 yrs for a written contract but a lease is $ yeras, I am just not sure if this being a collection for an apt complex, that, that is considered a lease. anyone know or can find out for me, cause i cant find this info anywhere