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Candace
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Subject: Being sued-not original creditor
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Sat Nov 24, 2007 10:53 pm
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Hi! I am from the state of Pennsylvania. I received what I believe to be a summons on the 19th of November. It does not state it is a summons but it is telling me I am being sued. It was delivered to my home by a sheriff. It was not given to me nor my husband. My daughter answered the door and they gave it to her. It was filed on August 10, 2007. It is stamped "received" on 9/11/07. It is stamped "reinstated" 10/4/07 and again 10/29/07. It was delivered to my home, as I stated on 11/19/07. It is saying that I have 20 days to enter a written appearance personally or by attorney or file in writing with the court my defenses or objections to the claims.
My question here is, I think the statute of limitations has passed. I just do not know on what date the clock started ticking. Was it the day it was charged-off. I stopped paying, or what? I need to know this.
I tried to contact the creditor the other day but they wanted 30% down which I do not have. I offered to pay monthly but they would not accept it. The first lady I spoke to was very nice. However, she had to ask someone about a monthly payment. She got on the phone and was very mean and threatening. She told me if I have property they would take it. When I asked her for her name, she said "When you are ready to make an agreement, call me back" and banged the receiver.
I don't know what to do.  |
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debtstinker
Joined: 03 Nov 2007
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Posts: 302
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Mon Nov 26, 2007 1:55 am
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well, sounds like you got a legitimate notice if the sheriff delivered it, however, it also sounds like this company is using tactics that aren't kosher at all. I'm not all that knoweldgeable about this, but try the debt forum and type in summons in their search bar, you don't necessarily have to register there and see what happens. I think you should register and talk to a debt professional. I would also see if there is any legal counsel in your area that would be willing to give you a free consultation. in the mean time gather all correspondence that you have had with this company, any payments, mailings etc. so you have it in your corner. i think PA has a 4 year SOL, but someone else on this forum will confirm that i'm sure as they will be along to help. Also, record telephone conversations as well, by that I don't necessarily mean tape recordings, i mean write down the date, times, and the person's name you spoke to as this will help you to. Please answer the summons as this company can win your case by default if you do not respond.
So, respond to the summons, see if you can get legal counsel in your area and look to the debt forums as well there is load of information. lots of support here Candace so try to relax as much as possible. that second lady who got on the phone is only a bully. she's trained to be that way unfortunately...good luck and let us know how you're doing ok? |
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debtstinker
Joined: 03 Nov 2007
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Mon Nov 26, 2007 1:56 am
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| Oh Candace, what's the name of the company suing you? that may help us to help you |
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Morningstar
Joined: 17 Apr 2007
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Mon Nov 26, 2007 11:00 am
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PA SOL is likely 4 years, and I think that is from the date of the last payment. This is important: They have 4 years to file, not 4 years to serve you (however, I do not know how the "reinstatement" will affect your case).
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goodnatured
Joined: 03 Nov 2007
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Mon Nov 26, 2007 2:48 pm
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You must answer with in that twenty day window of they will win by default, just answer each numbered item yes or no and return a copy to the county courthouse where the summons is issued. If you don't they will win by default. Even if it is out of the statute of limitation, some type of response is required for you to have a chance. If you dont do anything, they will win and the judge will issue a decision in their favor. Going through this right now and I am from Pennsylvania.
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goodnatured
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Mon Nov 26, 2007 2:51 pm
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Who is the collection agencies that is suing you, just curious if it is the same one that I have. Please post who it is and If it is the same one, I can give you a ton of information, but regardless, you must answer the summons.
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Goodnatured,
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goodnatured
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Mon Nov 26, 2007 4:51 pm
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candace:
Quote:
Pennsylvania Statute of Limitations
Contracts: 4 years, (used to be six).
Contracts under seal: 20 years.
Sale of goods under UCC: 4 years.
Negotiable instruments: 6 years (13 PA C.S.A. .ยง3118).
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Goodnatured,
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CreditGrantor
Joined: 01 Sep 2007
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Thu Nov 29, 2007 12:47 pm
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A lot of times the sheriff doesn't make service the first time around (you weren't home maybe?), so he returns the summons unserved. In that case the creditor has to go back and get an alias summons for re-issue. That may be the reason for having 3 different dates -- the first two weren't served. You can check with the court about that.
SOL starts its run when the account first becomes delinquent; but any time you make a payment, the counter is reset. |
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Laura
Joined: 21 Jun 2007
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Fri Nov 30, 2007 5:32 am
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That might be a probability creditgrantor. What are alias summons?
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desiree15
Joined: 10 Nov 2007
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Sat Dec 01, 2007 1:15 am
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| Hi Laura, I'm going to take a stab at your question, I've heard that term at work before. Alias summons is a second summons that's issued after the first summons wasn't answered/didn't work. usually this second summons is created in the form of the original. I"m sure someone will be here soon to shed more light. I think that each state has their own mandate on these |
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Dadummy
Joined: 15 Nov 2007
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Sat Dec 01, 2007 1:32 pm
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| I think you are right desiree, the sheriff will try several times to issue the summons, did they leave anything on your door or any other type of notice for you to come to the sheriffs office to pick the notice up. |
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CreditGrantor
Joined: 01 Sep 2007
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Sat Dec 01, 2007 11:07 pm
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| Desiree hit it right on the head ... There can only be one "original" summons, so any subsequent summons are called "alias". It has the same legal effect as the original, just that it has been re-issued with new dates. |
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Dadummy
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Sat Dec 01, 2007 11:27 pm
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| great job desi, it sounded like a good answer. |
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goodnatured
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Sun Dec 02, 2007 6:27 am
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I got mine first time around after the sheriff left me a note on the door.
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Dadummy
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Mon Dec 03, 2007 1:56 am
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| I have never been served but I know the whole situation would make me a nervous wreck. I wish both of you luck. |
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