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    Cajun1941's Avatar
    Cajun1941 Posts: 11, Reputation: 1
    New Member
     
    #1

    Sep 15, 2008, 10:37 PM
    Debt collections and Lawsuits
    Received a letter from a Lawyer in August of 2007. It stated that they were a law office representing LVNV Funding. Asking for payment of the debt. At least 5 years old. I was asked to make a check payable to the law firm. The usual stuff about disputing the debt, verification. At the bottom of that page it said in very small type, AL_65 Initial Demand Letter. I did not respond to the letter because I have no money to give them and because of the SOL.

    Now a year later I received a Summons from them, followed by a court date. I answered the Summons saying that this is SOL. I read that they cannot sue me without first sending validation of the account. Does that letter from a year ago have any bearence on this? That letter did not contain any validation. As far as I understand the debt is not validated.
    My court date in 9-29.

    Any help with this will be very appreciated.:rolleyes:
    CESElizabeth's Avatar
    CESElizabeth Posts: 81, Reputation: 7
    Junior Member
     
    #2

    Sep 16, 2008, 01:13 AM
    I have and others have posted on debt collection on this site, do a search. Go to the website Americans for Fairness in Lending for details.
    There are time limits on debt collection based on the last time a payment was made. It is possible you do not owe the debt any longer. Write this in a letter to the court.
    Debt collectors can sue you and ask the court to force you to pay them. They may try to imply that they can legally harm you in other ways because you owe them money. In reality, the worst they can do is sue you.
    Every state, county, or city collections court is different. The one thing that you should never do if you get sued is ignore the lawsuit. At a minimum, always follow the directions on the court summons to file a written answer with the court and do not let a default judgment be entered against you.
    Another important thing to keep in mind is what is called “a statute of limitations” on your debt. If the lender or debtor does not sue you within a specified period, they lose their right to ever sue you again. This is usually a period of several years, normally counted from the date of the last payment you made. As a result, debt collectors will pressure you to make a partial payment—even a very small one—because this will extend the statue of limitations further in time. Therefore, it may be a mistake to make a partial payment when pressured by a debt collector after years of not paying, because in some states this partial payment starts the statute of limitations running all over again.

    Go to the website, okay? Frankie
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
    Ultra Member
     
    #3

    Sep 24, 2008, 05:48 PM
    SOL link:

    Debt collection statute of limitations listed by state

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