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can CA still file a judgement

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nucknfutsim

Joined: 21 Mar 2009
nucknfutsim's page
Posts: 23

753 Magic Points

Subject: can CA still file a judgement

Thu Mar 26, 2009 11:33 pm

i received a phone call from vision financial today and they are trying to collect on a bill from 2000 and the guy on the phone told me that a payment was made on the account in 2005 (I dont think so) anyway i am sending out a DV letter in the morning. my question is can they still file a judgment against me on this if a payment was made in 2005.

HTDI-Brian

Joined: 26 Mar 2009
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Posts: 18
Location: Gilbert, AZ

667 Magic Points

Subject: Statute of limitations

Thu Mar 26, 2009 11:37 pm

May I ask which state you are in? Below is a link for you to check the statute of limitations to see if you are still legally binded to the debt.

Additionally if they state a payment was made and you are positive it never happened then I would assume they made the payment themselves to illegally renew the "date of last activity" or they could have been lying and using that as a tactic for you to issue payment.
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Brian C. Aber
The Bubba Group, LLC

nucknfutsim

Joined: 21 Mar 2009
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Posts: 23

753 Magic Points

Subject: Subject: can CA still file a judgement

Thu Mar 26, 2009 11:54 pm

I am in ohio and I have double checked my records and no payment was made on that debt

HTDI-Brian

Joined: 26 Mar 2009
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Posts: 18
Location: Gilbert, AZ

667 Magic Points

Thu Mar 26, 2009 11:59 pm

Unfortunately with Ohio it seems your statute of limitations is 15 years (seems excessive to me) but if they are insisting on the fact that a payment was made try and get more info from them on how the payment was made, i.e. check, credit card, money order, etc ... the exact date as well.

Have you disputed the information yet with the three bureaus?
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Brian C. Aber
The Bubba Group, LLC

nucknfutsim

Joined: 21 Mar 2009
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Posts: 23

753 Magic Points

Fri Mar 27, 2009 12:01 am

the bills has alredy fallen off my credit report

nucknfutsim

Joined: 21 Mar 2009
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Posts: 23

753 Magic Points

Fri Mar 27, 2009 12:04 am

the bill has already fallen of of my credit report and that takes 7 years so if it has fallen off i couldnt have made a payment in 2005 or it would have re-aged or am i wrong in this

HTDI-Brian

Joined: 26 Mar 2009
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Posts: 18
Location: Gilbert, AZ

667 Magic Points

Fri Mar 27, 2009 12:06 am

What is the amount owed? have they threatened wage garnishment?

(If I don't respond to you today I will make sure to do so first thing tomorrow morning)
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Brian C. Aber
The Bubba Group, LLC

nucknfutsim

Joined: 21 Mar 2009
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Posts: 23

753 Magic Points

Fri Mar 27, 2009 12:11 am

around $2200.00 and nope not yet

nucknfutsim

Joined: 21 Mar 2009
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Posts: 23

753 Magic Points

Fri Mar 27, 2009 12:15 am

they have pulled a hard inqury and they told me they were collecting for calgory portfolio services for a select comfort account that my ex took but left me with the bill

HTDI-Brian

Joined: 26 Mar 2009
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Posts: 18
Location: Gilbert, AZ

667 Magic Points

Subject: Hard Inquiry

Fri Mar 27, 2009 3:10 pm

When collectors are looking for you and pull your report it should be a soft inquiry. If they pulled a hard copy of your credit without your permission you could have a legal situation.

You stated this was your exes account. Did you co-sign? authorized user?
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Brian C. Aber
The Bubba Group, LLC

Guest

Fri Mar 27, 2009 4:32 pm

yes they did pull a hard inquiry , the bill was in my name i have since found out that this was an unsecured revolving credit account does that make a difference on the SoL , I sent out a DV letter this morning
by the way this is nuck.

HTDI-Brian

Joined: 26 Mar 2009
HTDIBrian's page
Posts: 18
Location: Gilbert, AZ

667 Magic Points

Subject: Hard hit inquiry

Fri Mar 27, 2009 4:57 pm

As for them pulling a hard hit inquiry without your consent is a violation. I would recommend disputing the inquiry, you can use some sample letters I've seen here or utilize the advice of Paul with BrokenCredit.com.

If it remains then I would recommend you attain legal advice as that is beyond my realm of expertise.

As for your iriginal question of whether or not they can file judgement ... if it is a legitmate and verifiable debt then technically they could (pending statute of limitations).
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Brian C. Aber
The Bubba Group, LLC

goodnatured

Joined: 03 Nov 2007
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Posts: 3927

10 Magic Points

Fri Mar 27, 2009 5:14 pm

A hard inquiry will lower your credit score also, so you will want to follow up with Brians advice. Goodluck on this, hope all turns out well.
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HTDI-Brian

Joined: 26 Mar 2009
HTDIBrian's page
Posts: 18
Location: Gilbert, AZ

667 Magic Points

Fri Mar 27, 2009 5:22 pm

thanks goodnatured ...

Also ... everyone please pardon my spelling error "original" ... must have been the "Friday" jitters.
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Brian C. Aber
The Bubba Group, LLC

Ranessa
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Subject: JtXoUOEpOLZwHS

Thu Dec 15, 2011 12:27 am

We definitely need more smart people like you aonurd.

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