On 11/15 I got served with papers that the issuing bank has filed a law suit against me court date 2/26 in front of a Arbitration Panel, the debt is from 2003 so SOL is roled out. This debt is from a business I tried to start but went nowhere, the balance was $9720.00 when charged off on 8/04 they are sueing for $16300.00 I went to a attorney to see my options and since I have another debt in collections worth $4900.00 they pushed for filing chapter 13 at a cost of $2700.00 $1300.00 up front or if I wanted them to defend this suit $200.00 per hour and they considered pointless to do so. Being not able to pay $200.00 a hour here I am.

My question is should I use the FYI defend answer form that is "sticky" at the top of this form or should I got to the court house to ask for a form.

I am trying to settle out of court for the charged off amount of $9720.00 or a portion of it. What are my chances of this happening? The debt went through a couple of collection agents and continued to build interest.

Thanks

Hello again,

After doing research on this site as well as links given here I think that I have a chance to fight this and have it thrown out due to SOL, I am going to go to the library to look at the Pennsylvania law books, Pennsylvania Title 73, Chapter 42 (73 P.S. § 2270.1) to be sure that the SOL is 4 years, I was told by the lawyer I met with it was 6 years, when I told them I seen that it got changed to 4 years it did not go over very well with them. Some other law firm has it listed as being 6 years as well.
I am hoping for help here so I do not throw myself into the fire before the pot.

Thanks

Quote:

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Originally Posted by Cheffie

Hello again,

After doing research on this site as well as links given here I think that I have a chance to fight this and have it thrown out due to SOL, I am going to go to the library to look at the Pennsylvania law books, Pennsylvania Title 73, Chapter 42 (73 P.S. § 2270.1) to be sure that the SOL is 4 years, I was told by the lawyer I met with it was 6 years, when I told them I seen that it got changed to 4 years it did not go over very well with them. some other law firm has it listed as being 6 years as well.
I am hoping for help here so I do not throw myself into the fire before the pot.

Thanks

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I thought this was a 2003 debt - my understanding is that the Statute is 4 years (and this is 2007). It SOL can become complicated and extended if you made any payments.

The Arbitration Panel will know the Statute and throw it out if it is over the SOL - or you can protest.

I think I found the rule chapter 55 title 42

§ 5525. Four year limitation.
(a) General rule.--Except as provided for in subsection (b),
the following actions and proceedings must be commenced within
four years:
(1) An action upon a contract, under seal or otherwise,
for the sale, construction or furnishing of tangible personal
property or fixtures.
(2) Any action subject to 13 Pa.C.S. § 2725 (relating to
statute of limitations in contracts for sale).
(3) An action upon an express contract not founded upon
an instrument in writing.
(4) An action upon a contract implied in law, except an
action subject to another limitation specified in this
subchapter.
(5) An action upon a judgment or decree of any court of
the United States or of any state.
(6) An action upon any official bond of a public
official, officer or employee.
(7) An action upon a negotiable or nonnegotiable bond,
note or other similar instrument in writing. Where such an
instrument is payable upon demand, the time within which an
action on it must be commenced shall be computed from the
later of either demand or any payment of principal of or
interest on the instrument.
(8) An action upon a contract, obligation or liability
founded upon a writing not specified in paragraph (7), under
seal or otherwise, except an action subject to another
limitation specified in this subchapter.
(b) Special provisions.--An action subject to section 8315
(relating to damages in actions for identity theft) must be
commenced within four years of the date of the offense or four
years from the date of the discovery of the identity theft by
the plaintiff.
(Oct. 5, 1980, P.L.693, No.142, eff. 60 days; Dec. 20, 1982,
P.L.1409, No.326, eff. 60 days; June 19, 2002, P.L.430, No.62,
eff. 60 days)

Please correct me if I'm wrong, I think that I will need to wait until I demand discovery of the proof that they have before I file motion to dismiss due to SOL.

Should I use the FYI defend answer form that is "sticky" at the top of this form and change the names? Also, do I need to answer to the counts that are listed on the complaint?

First, if you want to settle for that amount you will probably need to come up with a lump sum. I doubt if they willsettle for that amount on a payment plan. Second, the fact that it was charged off in 8/04 doesn't bide well for an SOL defense.

Basically you need to inform the court that you will be defending the suit and will attend the hearing. The form you use generally doesn't matter. The next step is requesting documentation.

Quote:

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Originally Posted by ScottGem

First, if you want to settle for that amount you will probably need to come up with a lump sum. I doubt if they willsettle for that amount on a payment plan. Second, the fact that it was charged off in 8/04 doesn't bide well for an SOL defense.

Basically you need to inform the court that you will be defending the suit and will attend the hearing. The form you use generally doesn't matter. The next step is requesting documentation.

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O.K. So this may do?
------------------------------------------------------------------------------------------
COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA

plaintiff Bank

Vs.

my name

CASE # **-***-****


NOTICE OF INTEND TO DEFEND


I, Xxxx Xxxxx, hereby give Notice of Intent to defend the above titled case, and

Demand strict proof of the alleged claim.


REQUEST FOR JUDICIAL NOTICE


Defendants who are unschooled in the law and ask that the court take

Judicial Notice of the enunciation of principles as stated in "Haines v. Kerner,

404 U.S . 519," wherein the court has directed that those who are

unschooled in law making pleadings and/or complaints shall have the court

look to the substance of the pleadings rather than the form, and also hereby

makes the attached memorandum, including the related documents attached

herewith, in the above-referenced case. Furthermore, Defendant's hereby

requests the judge notify them of any sua sponte, rights or remedies they

may overlook.



-----------------------------
Defendant

__________________________________________________ __________________

Yes ScottGem, I figured that they are less likely to go for a payment plan without a lump sum up front.
If they want to settle for the charge off amount I can do it anything greater I can not

Is it wise to open a channel of settlement in the Notice to Defend?

If you offer that as a lump sum they may go for it.

Should I call them tomorrow morning, and ask them what they would accept as a settlement before I go for the next step of defending the claim. Which I really do not have a defense. Other than what the total amount they want.

Or should I file the NTD and see what type of hand they are holding?

No, file the intent to defend. Send them a copy with a cover saying that if they can document the debt you would be willing to talk settlement.

O.K. Going to file the Intent to defend,

I have 1 more question about how to answer.
It is written on the summons

"YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within TWENTY (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you."

Do I need to state my defense with my intent to defend? If I do, can I state that "I can not admit nor deny the counts set forth". Other than who the filing party is and my name and address.

Yes you need to state at least your objections which would be that you are unsure if the debt is valid.

Quote:

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Originally Posted by ScottGem

Yes you need to state at least your objections which would be that you are unsure if the debt is valid.

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So my opening defense can be "I can not admit nor deny the counts set forth due to the fact I am unsure if the debt is valid"?

That works

Should this be on a seprate paper or on the intent to defend form?

Also the atty. For the plaintiff called @ 8:45 last night and left a automated message on my answering machine. Should I call them back?

I would but just listen to what he says. Don't make any decisions

O.K. I'll see what they want.
Should the statement "I can not admit nor deny the counts set forth due to the fact I am unsure if the debt is valid"? Be included on the same sheet of paper as the intent to defend or should I create a separate form for this statement?

Thank you ScottGem you are being of such great help with this situation

You can include it.

What is the paper that was included with the summons titled VERIFICATION is it just a statement saying that they are the Attorney for the bank?
VERIFICATION
I atty name Attorny for the Plaintiff, hereby state:

1. I am the attorney for the plaintiff in this action, and I sign this Verification stating that Plaintiff is out of the jurisdiction of the Commonwealth;

2. I verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief; and

3. I understand that the statements in said complaint are made subject to the penalties of 18 Pa.C.S Sec. 4904 relating to unsworn falsification to authorities.

signed and dated


I want to have my facts straight before I call them

Also included was a affidavit of indeptedness

The paper is just the attorney saying the facts in the complaint are true. Doesn't work as proof to the court.

You don't give them any info until they verify the debt.

I called them and they stated that they are the ones filing the law suit and stated the amount on the suit and it includes their fees and asked me how I wanted to handle it,
Me: I'm not sure if it's a valid account
Them: I see, do you remember having a mastercard account with said bank
Me: I'm not sure
Them: well we have documentation that you did.
Me: I'm not sure,
Them: are you sure about that
Me: I'm totally clueless about this whole thing
Them: I see, well we just continue with the process and possibly get a lien on your home.
Me: well I'm not sure about any of this.
Them: have a nice day.
Me: you too.

My nerves are setting in.

What you should have said was:

Them: well we have documentation that you did.
Me: well, can you send me copies of that documentation? If you can prove to me that I owe this money, I may be willing to work out a settlement.

Should I call them back, or did I shoot myself in the foot

I would call him back and tell him as you told him this is all new to you. But after thinking about it, you don't want to renege on a valid debt, so if they can send you the documentation you can then determine whether you really do owe this money.

I called back and said what you advised
They offered a settlement of 11,500.00 due by the end of the month so go get your check book and write the check for 11, 500.00, because it seems that I have a problem with the amount owed, I said that I'm not sure if I can come up with that kind of money if it is a valid debt. They said I have until 4pm to come up with it. I said that I am still going continue with my legal obligation and file my defense, they said well we will put a note in your file not to offer a settlement.

It seems I dig myself deeper and deeper every time I talk to them.

They can say anything they want. They are going to try and fluster and intimidate you. Your answer to their settlement offer should have been, that you do not know this is a vaild debt, therefore you cannot accept any settlement offer until you have seen proof.

If they want to play hardball then ignore them and tell them they have to produce verification of the debt before we go any further.

I was talking to one woman about seeing if it was valid and that I wanted proof about it and she was going through the file and thinking out loud I was writing down what I could hear and she said last payment date nov.3rd and quickly asked me to hold, then this other woman got on the phone being very mean and was demanding the above.

Then stop calling and file your intent to defend. Send a copy to them along with a request for verification.

Scott,

I did file yesterday as you wrote your response. I am sending their copy off today with a letter for verification.

Will this be good?
"This is a request for Verification of the alleged debt.
If such provided verification is a matter of fact I would be willing to settle this matter".

Sorry if I am frustrating you

That sounds fine

Scott,

I have not received any verification from them as of today, Should I be doing anything like a second request or be more specific about what I require. Also should I've had sent a copy to the courts? They keep calling with a automated caller at the end of the message it states "this message is from a debt collector". One message that they left they stated they had "good news".

Did you include in the letter to only contact you by mail? And yes you should copy the court in. Don't bother with a follow-up. Wait for the hearing.

No, I did not place restrictions on means of contact, I will send a copy to the courts, I am thinking to see what the offer is and provided I can swing the offer I'll just settle it, should I say that I will think about the offer if it's in writing?

Here is for Pa,

Pennsylvania Statute of Limitations

Contracts: 4 years, (used to be six).

Contracts under seal: 20 years.

Sale of goods under UCC: 4 years.

Negotiable instruments: 6 years (13 PA C.S.A. . §3118).


Debt collection statute of limitations listed by state

Quote:

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Originally Posted by N0help4u

here is for Pa,

Pennsylvania Statute of Limitations

Contracts: 4 years, (used to be six).

Contracts under seal: 20 years.

Sale of goods under UCC: 4 years.

Negotiable instruments: 6 years (13 PA C.S.A. .§3118).


Debt collection statute of limitations listed by state

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Thanks for the info, If in fact it is from the last payment and/or activity I do not think they really have a case. I think maybe I should request discovery to see. I'd like to settle but I don't know if taking cash advances from other credit cards is the way to go to settle this out.