Charge off

Submitted by CHERJ1956 on Sun, 10/18/2009 - 20:39
Forums

Received a summons for a debt that was "charged off as bad debt"...how do I respond to this? Do I need to contact an attorney?

Cherj,
what state are you from? Do you know that statute of limitations in your state? How old is the debt?

Regardless wether you decide to use an attorney or you decide to handle it yourself, you need to respond or they will win by default and you don't want that to happen.

If the debt is past the statute of limitations you can use that. You have the right to ask for debt validation. You have some things to consider. But you must answer the summons so they don't win by default.

Sun, 10/18/2009 - 21:05 Permalink
Cheryl (not verified)

I reside in Nebraska and I do not know the statutes. The strange part is I pulled my credit report and account was allegedly opened in 1999 and charged off in 4/06. The document I received indicate that the account was opened in 10/06, which I was still residing in Florida or enroute back to Nebraska, don't remember. How do I ask for Debt Validation? Thank you for you response, I do appreciate it.

Sun, 10/18/2009 - 21:21 Permalink

Hi CherJ,

First, find out whether it's a recent debt or an old one. If it is an old debt, then as Goodnatured has mentioned, you will need to see if the SOL has expired or not. You reside in Nebraska, right? In Nebraska SOL for open-ended accounts is 4 years. If it has crossed the SOL, then you need to write a SOL expiry letter to the CA and also let the court know in writing that the SOL for the debt has expired.

You can ask for validation through a debt validation letter to the CA. You are supposed get a copy of the original contract between you and the creditor, documents proving that the CA has been allowed to collect the debt and a statement of your payment history with your outstanding debt amount. If your debt is validated, then I think you should go for debt settlement with the CA.

Tue, 10/20/2009 - 08:41 Permalink