I just received a lawsuit notice yesterday from a CA for a charged off credit card. The original amount is $5000.
Date of first delinquency is 10/2005. The SOL in Oregon is 6 yrs but luckily we've moved to WA where its 3 yrs. The notice was sent to our old OR address which automatically got forwarded to our new WA address. The lawsuit does not talk of it as an open account and it
uses Breach of Contract and Written Contract language and the SOL in both OR and WA is 6 yrs. Is that normal ?
I am not in a position to pay anything on this account. How should I go about addressing this? Should I tell OR court I am not under their jurisdiction since I live in WA since before the lawsuit was filed and ask them to refile a lawsuit in WA? Should I get a lawyer to represent me or should I attempt a DIY.
The SOL in Oregon is 6 yrs but luckily we've moved to WA where its 3 yrs.
The Statute of limitations (SOL) on this debt will apply according to Oregon. You had been living in Oregon and the account was opened there. Thus, Oregon laws will apply even if you have moved over to Washington.
The lawsuit does not talk of it as an open account and it uses Breach of Contract and Written Contract language and the SOL in both OR and WA is 6 yrs. Is that normal?
The SOL in Oregon for all kinds of account is 6 years, and in Washington the SOL for written contracts is 6 years. Moreover by going delinquent on your account you have committed a breach of contract. Thus, yes what the paperwork mentions is true.
You owe this debt, and thus you will have to agree to the complaints. For answering to the summons you can get help from an attorney (free advise), or request the court clerk to help you in filing the answer. It is better to get a lawyer in this case.
I live in WA since before the lawsuit was filed and ask them to refile a lawsuit in WA?
I am not sure if you can do this. Consult an attorney.
Aaron _________________ Keep in touch
Subject: charge off
Fri Aug 13, 2010 9:20 am
How long does a charge off stay on a credit report
A charge-off will stay on your credit report for 7 years from the date of entry on your credit report. However, you can try removing this by negotiating with your creditor a "Pay for delete" agreement before making the payments to him. This can be done only if the creditor agrees to pull back the account from collections. Whether or not the creditor can pull back the account depends on if it has been sold.
Your personal details (name, email address and phone number) will be delivered to the company advertised on the Creditmagic after ve agreed to go for the counseling session by filling out the no-obligation form. However, it is your discretion to accept or reject their services.
Not all the creditors/debt collectors agree to trim down the outstanding balances, interests, and fees payable by the consumer.
Consumers working with the debt relief companies can still be sued by the creditors/collection agencies.
Debt relief services may have a diminishing effect on the creditworthiness of the consumer. The total outstanding balance may increase as the additional fees get accrued.
The overall amount saved by the consumer through the debt relief services is considered as taxable income by the IRS.