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Kep
Joined: 27 Dec 2009
Kep's page
Posts: 1
45 Magic Points
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Subject: Recieved a Summons in Indiana...need to respond Monday...BUT
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Sun Dec 27, 2009 6:07 am
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I have been trolling through this forum for the last couple of hours and I am truly dazzled by all the great information...THANK YOU! Now I have a few contentious points for followup before I get down to the court house.
1. Can anyone point me at a proper format for a Summons Response letter? I know it's just a 1. Deny, blah blah blah...but is there any proper way to format or other info that needs to be included?
2. I have not yet sent a Validation Letter to Palisades Collection LLC...I will after I respond to the summons. However I have found MANY addresses for these folks, is there one that is better than another to send the letter to or should I send it to the attorneys listed on the summons?
3. The SOL on this debt in Indiana is 6 years...however, until six months ago I lived in Delaware where the SOL on it is 4 years. And yes, you guessed it, in Delaware the SOL was up before I moved. Can I still claim SOL or am I S.O.L.?
Thank you all for such wonderful information and advice throught this forum...it has been a GREAT education! |
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debranewell2008
Joined: 10 Oct 2009
debranewell2008's page
Posts: 594
99 Magic Points
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Sun Dec 27, 2009 7:42 am
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Hi Kep,
First you need to answer the summons as soon as possible because if you don't they will win by default. I believe as far as the questions you just answer what they are asking. I do believe the SOL goes by the state in which the debt was acquired which means Delaware. Not sure how you handle it after that. Whether you let them know when you get to court or you send them a letter letting them know before court. Just hang in there some of the more experienced members will be on and lead you in the right direction. |
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goodnatured
Joined: 03 Nov 2007
goodnatured's page
Posts: 3927
10 Magic Points
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Sun Dec 27, 2009 3:35 pm
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The statute of limitations is definately in the state in which you resided at the time of acquiring the card, so it will have to go by that one.
It is vital that you give an answer to the summons with in the time frame so that they don't get a default judgement.
Please keep us updated on your progress with this. I would stick with the statute of limitations if that is already past. You can send a validation letter if you want to, but if it is past the statute of limitations then they can not collect it anyway so the validation would be null and void. |
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peacockrancher
Joined: 07 Sep 2008
peacockrancher's page
Posts: 50
88 Magic Points
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Sun Dec 27, 2009 7:19 pm
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| what state is the creditor from? They may be going by their states statutes and they have to go by the state of residency of the card holder, not the company |
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goodnatured
Joined: 03 Nov 2007
goodnatured's page
Posts: 3927
10 Magic Points
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Sun Dec 27, 2009 8:16 pm
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That is a good point they may either be trying to pull a quick one or they may not actually know, some of these collectors set up shop and start collecting without actually knowing the laws of collection.
A good example of this is the way the call continuously or the way they call employers or the way they constantly harass an account holder. They violate so many of the rules, they don't take the time to know them, they just hope that we as consumers don't know them either.
How many people here have been harrassed by a collector? |
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fireyone
Joined: 26 Feb 2008
fireyone's page
Posts: 4285
127 Magic Points
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Sun Dec 27, 2009 10:15 pm
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| I have always heard that Palasades was a tricky company. My first question is in what state did you aquire the debt? I have always been led to believe that this is what is used when considering the Statute of limitations. If the debt was taken out in Delaware, then the debt would go by Delaware's SOL. If this is the fact you should present this fact to the judge (if it goes that far) and you would win due to the SOL, unless you have made any payments on the debt in the past four years. |
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autodealer
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Subject: ucc filing
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Tue Feb 16, 2010 2:41 am
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| Bank has first ucc filing.Dealer Services Corp. out of Indiana came and repoed 7 of my cars since they are about 4th on ucc filings do they have to notify my bank first |
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Aaron
Joined: 08 Feb 2010
Aaron's page
Posts: 2675
48566 Magic Points
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Subject: ucc filing
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Tue Feb 16, 2010 6:28 am
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Hi Autodealer,
As much as I understand, as Dealer Services Corp. has a Uniform Commercial Code (UCC) filing, they are not required to notify you or your bank about the repossession.
Regards,
Aaron
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cinnamngrl
Joined: 01 Nov 2008
cinnamngrl's page
Posts: 1455
6339 Magic Points
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fireyone
Joined: 26 Feb 2008
fireyone's page
Posts: 4285
127 Magic Points
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Tue Feb 16, 2010 3:03 pm
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| Seems the original poster did not stop beck in and update the post. sometimes newer post take over the older ones. This happens a lot with the newer member or someone just new to the forum. It takes them a while to learn how to open a new post and ask their question there. |
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pavelvolinkins
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Subject: Admin, hello! here are having problems sites
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Sat Apr 09, 2011 7:51 am
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| Admin, hello! here are having problems with your site. Write me. ECK 98956785664 |
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ZooxevaVevy
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Subject: free megaupload serial Web site
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Wed Jun 01, 2011 7:31 am
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free downloads serial site
softadnrgioc@opilon.com |
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