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Garnishment of OLD collection account

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momto2



Joined: 27 Dec 2007
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Posts: 1



112 Magic Points

Subject: Garnishment of OLD collection account
 
Posted on Thu Dec 27, 2007 11:18 pm  

New here, hope to find some help. I have an account that is from 1997 and charged off by 1999. I have had NO contact since 1999 with them. No payments or anything because I was making payments in local branch office back then and they werent posting the payments on my account, even though I had receipts. I have all these years still gotten collection letters. I know the account has been bought out at least 9 times. I live in the state of NC, what are the statue of limitations for my state? They have been leaving messages that they are going to garnish my wages, which by my research I don't think they can, they threaten to sue me over it but I was told SOL is 7 years for my state. Every company pulls my credit report and this last one pulls it MONTHLY which inturn lowers my credit score. ALL the bad credit I had is off my report I have PERFECT credit, have since 1999 not 1 past due payment nothing. So what can this company do, can they still sue me after all these years, and is it legal to pull my credit report monthly?
Morningstar

Morningstar

Joined: 17 Apr 2007
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11 Magic Points

 
Posted on Fri Dec 28, 2007 4:23 am  

Garnish your wages in NC (or TX or SC)? What a joke!
I hope you have saved all of these messages, you might be able to find a lawyer from naca.net who would take your case. As I understand it, SOL in NC is three years; maybe four, but certainly not seven. I do not remember if the CA can continue to pull your credit report--since the debt has not been forgiven, it is technically still valid and pulling a report is permissable collection activity. You can send a cease and desist letter that disputes the debt and demands that all further collection actions stop (send using return reciept mail)
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Laura

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36459 Magic Points

 
Posted on Fri Dec 28, 2007 5:50 am  

Wage garnishment is not possible until they won a judgment for that they have to sue you first.

SOL for the state on NC is definitely 3. Therefore the debt is out of the statute of limitation for a long time now. Mrnstr is right. All you need to do is send in a cease and desist letter with return receipt requested.

http://www.creditmagic.org/repair/debt-validation.html might come handy when you write the letter. Do get back to us regarding any step that you are taking.
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Posted on Fri Dec 28, 2007 6:41 pm  

I plan on sending a cease and desist letter. If I contact them with the letter, will that give them the right to renew the account and start it all over again, like update the date and then be able to sue me? I have been ignoring all calls, all letters for years afraid if I contacted them it would mean they could update the account and then sue me. Seems wrong they can pull my credit every month sometimes 2-3 times a month, so far they have pulled it 18 times in 6 months, same company! I work VERY hard making my payments on time and keeping good credit and them pulling it like they do is aggravating especially since I was paying the debt they were just not applying my payments and then since I was called " a little person and couldnt do anything to them" I stopped paying. Since the SOL has way expired what CAN they still do to me for the account just send collection letters? Being the SOl has expired they can't still sue and get a judgement right, because that was in one of their messages, that just because it had been so long didn't mean anything that they could and was going to sue me.
Laura

Laura

Joined: 21 Jun 2007
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36459 Magic Points

 
Posted on Sat Dec 29, 2007 5:55 am  

Well momto,

Even if the SOL has run out the debt has not gone away. This does not mean that the creditor cannot attempt collection. However just because the SOL has expired you may or may not pay for the debt. Legally you cannot be forced to make payments. If they sue you, you have he defense of the SOL to fight the case. In case you dont use the defense of the SOL a judgment might be passed.
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goodnatured



Joined: 03 Nov 2007
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538 Magic Points

 
Posted on Sat Dec 29, 2007 1:02 pm  

You have gotten some really good advice here, as these ladies said, get the cease and desist letter out to them as soon as possible, this should stop all collection efforts. Sending a letter does not do anything to the SOL, that is only affected if you make a payment, so don't send a dime or it will start it all over again and then they will have right to pursue collection. goodluck, hope you found the help that you need.
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goodnatured



Joined: 03 Nov 2007
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538 Magic Points

 
Posted on Sat Dec 29, 2007 1:04 pm  

Also, forgot to say welcome to the forums, since you have visited more than one time, you should register and participate in the forum, not only is the advice and guidance offered here but you have an opportuntiy to earn some money also, if you have no need for the extra earnings you can donate it to those who have helped you out, hope you decide to register and stay with us awhile at least until you get your issue resolved.
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SunDevilsFan



Joined: 09 Nov 2007
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Posted on Sun Dec 30, 2007 6:05 pm  

Yes....very good suggestions..

Harassing to sue you.... thats a serious violation

Pulling your credit every month.... thats another violation... and should be viewed as harrassment. I say this based on your statement that the account is 8 years old...

These people do all sorts of things and it really ticks me off
Dadummy



Joined: 15 Nov 2007
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218 Magic Points

Subject: BAD CREDIT
 
Posted on Mon Jan 07, 2008 5:58 pm  

i think they are blowing smoke i think 7 years is the statue of limitations in most states now. call your legal aid service in your state. they can give you the correct advice.
goodnatured



Joined: 03 Nov 2007
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538 Magic Points

 
Posted on Mon Jan 07, 2008 7:25 pm  

Statutes of limitation vary from state to state, you have to look up your state and figure out what it is. That statute of limitations will depend on the type of account also, in Pennsylvania that statute of limitations for credit card debt is 4 years, however on a judgement it is renewable every 10 years and must be renewed to stay in affect, if it lapses, it is no longer valid.

If you post more information about the type of debt and what state you are from, someone here can show you where to get that information.
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crystal
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Subject: credotiors calling my job about credit card from 1998
 
Posted on Wed Mar 05, 2008 9:01 pm  

lwas called at work about credit card from 1998 said i had until 5 today to talk to some one or they would go ahead and get civil suit in front of judge today i have not heard anything about this card for years i do not even know where the credit card was originaly from what should i do can they call me at work inform my boss what
Guest







 
Posted on Thu Dec 04, 2008 8:36 am  

I have huge credit card debt which have already been charged off. The creditors has threaten me to bring judgment against me to recover the debt. I live in PA. I have heard from other pages of this forum that wages cannot be garnished in PA. Is it true?
anthony

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13609 Magic Points

 
Posted on Thu Dec 04, 2008 8:52 am  

Pennsylvania wage garnishment laws do not allow garnishment of wages for repayment of credit card or other debts. Apart from PA, there are three other states - North Carolina, South Carolina and Texas, which do not allow wage garnishment. This wage garnishment law applies only for credit cards and other debts. But if you have Federal Tax outstanding or alimony and child obligation, your wage may be garnished by judgment. However, the tax department need not bring any judgment to garnish your wages. They can directly garnish your wages from your employer.
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phyl
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Subject: credit card judgenent
 
Posted on Thu Mar 19, 2009 11:41 pm  

I have a friend that went before a judge sued over credit card. We are from NC and they got a judgement even though the sol was out, the reason stated was because it was a stated account and judge issued a judgement---does any know what a stated credit card account is?

Thanks so much-Phyl
Guest







 
Posted on Fri Mar 20, 2009 5:10 am  

account stated n. a statement between a creditor or the person to whom money is owed and a debtor (the person who owes) that a particular amount is owed to the seller as of a certain date. Often the account stated is a bill, invoice or a summary of invoices, signed by the customer or sent to the customer who pays part or all of it without protest. This is important when a frustrated businessman sues for "account stated" which sets both the debtor's liability and the exact amount the debtor must pay, which is less complicated than claiming a debt is due and payable. An account stated may carry a longer statute of limitations (time to file suit) than some other forms of debt depending on the state. (See: debt)

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