Hello

I was hoping someone could help me with a credit / collection issue.
Im being sued by a legal firm collecting for LVNV. At this point I cant even be sure if it was actually my account, but for now lets assume it is. It first went delinquent in late 2002. In 2005, a collecyion agency contacted me, said I owed the debt and would settle or accept payments. I paid on it until Feb 2006 when I found wonderful sites like this one and was doubting if the debt was indeed mine. I asked them for validation. They instantly went away, never heard from again. Over the next 2 years, it looks like it may have been passed to other collection agencies and I again asked for validation and they disappeared. Until the last one...
It was from an attorneys office, Isend request for validation, heard nothing until the sheriff appeared at my door with a summons. I hired a lawyer that said it might be easier, cheaper and more beneficial to my credit to settle and have then delete it from the records. We offered about 2500 (they asked about 9000) to which they said no and countered with 7000. They also said they can get the proof its my debt but if they do that, they will ask for the full amount. Thats where it sits now.
But in looking around for solutions, I came across info that seems to tell me that the statute of limitations to sue may be from the date of the first delinquency and not be affected by the payments I made in 2005-2006. As I understand it, some states go by date of last payment and others go by date of first delinquency.

The state Im in now is PA (4 yr SOL),here is what may be pertinant:

* * * * * *
Pennsylvania Consolidated Statutes
JUDICIARY AND JUDICIAL PROCEDURE (TITLE 42)

PART VI. ACTIONS, PROCEEDINGS AND OTHER MATTERS GENERALLY
CHAPTER 55. LIMITATION OF TIME
Subchapter A. General Provisions
§ 5502. Method of computing periods of limitation generally.
(a) General rule.-The time within which a matter must be commenced under this chapter shall be computed, except as otherwise provided by subsection (b) or by any other provision of this chapter, from the time the cause of action accrued, the criminal offense was committed or the right of appeal arose.
* * * * * *

Is this the leverage Im looking for? Does that read that the 4 year statute of limitations for sueing is still start date of 2002?
Im OK with paying for deletion, just want to make sure I have plenty of leverage information to make it happen.

Also, is it odd that they dont seem to have validation of the debt but say they can get it? Sounds like it could be a bluff / scare tactic to me but thats a tough call to make.

Thanks for everybodys help !

excon

Hello M:

Even if you're right, you're gonna have to have a judge tell them. That means that you're going to have to go to court. Certainly they're not goin to go away because you tell them the SOL is expired.

Frankly, I don't know if it has or not.

excon

ScottGem

The SOL laws that apply are in the state where the debt occurred, not where you live now.

Second, I think you need to get a different attorney. I would not use any attorney that advises you to pay a debt your don't know is yours.

Frankly I don't beleive they can get verification. That's whay they are trying to intimidate you into not asking for it.