I have been served papers for credit card default. The debt

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nctiptoes2



Joined: 08 Apr 2009
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Subject: I have been served papers for credit card default. The debt
 
Posted on Wed Apr 08, 2009 7:22 pm  

I have been served papers for credit card default. The debt was charged off in 2005 - what are my options?

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carol

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Posted on Thu Apr 09, 2009 6:50 am  

Do you mean that you have got collection letters for the debt? If it is so, you should send a debt validation letter within 30 days by certified mail to check whether the collection agency owns your debt and them pay it off. Moreover, you should check whether the SOL on the debt has expired or not. If it has already expired, then you are no longer legally liable for the debt and the creditor cannot sue you and bring judgment against you to recover it. Can you tell me the state where you have signed the loan agreement?
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Mary

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Posted on Thu Apr 09, 2009 7:33 am  

Can you tell me the state where you have taken the loan?
"Charge off" does not mean that you are no longer liable to pay off the debt. In fact even if the account is charged off, the creditor legally recover the debt till the SOL expiry.
I think that you should ask for debt validation and settle the debt with the creditor after getting your debt validated. This is because if the creditors bring judgment against you, it will affect your credit score.
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Nancy
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Subject: I have been served papers for credit card default
 
Posted on Thu Apr 09, 2009 1:28 pm  

Thanks for the replies - I live in Georgia, where the SOL is 4 years.
Justin

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Posted on Sat Apr 11, 2009 10:42 am  

Since you are in Georgia, the Statute of Limitation on the debt has still not expired and so you can contact the creditor, ask for debt validation and pay off the debt after getting the debt validated in order to avoid judgment. However, if you cannot afford to pay off the debt, you should not send DV letter and wait for them to send you collection letter first.
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nicole
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Subject: sol
 
Posted on Wed Apr 29, 2009 5:45 pm  

what is the sol on debt in minnesota?. I have 7 cards in default and i have no job and dont know what to do.
Mary

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Posted on Thu Apr 30, 2009 7:30 am  

The Statute of Limitation in Minnesota is 6 years for all types of debt. The SOL starts after 6 months from the date you have made your last payment towards the card. Can you tell me when have you made your last payments and the total amount you owe?
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Mary Ann
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Subject: Default
 
Posted on Wed Oct 14, 2009 4:14 pm  

Can someone who has left the country be served?
Mary Ann
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Subject: Banc accoiunts
 
Posted on Wed Oct 14, 2009 4:23 pm  

Can bank deposits is US from SS or a pension be accessed by collection agency?

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