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Old 07-18-2008, 11:47 AM
 
Location: Ohio
21,311 posts, read 15,089,573 times
Reputation: 17739

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Quote:
Originally Posted by millea View Post
I only know because that is what the attorneys paralegal told me when I called to inquire about this. I made NO arrangements with her as I assumed that since there was a garnishment happening there was nothing I could do.
It's important because the statute of limitations begins running at default. You defaulted when you missed your first payment and failed to make normal continual payments, your credit card was charged off 180 days after that date.

If it charged off in December 1999, then you defaulted in May/June 1999 and the statute of limitations expired in May/June 2004.

Quote:
Originally Posted by millea View Post
Where can I find this information? I am sure you will tell me on the internet but I would greatly appreciate it if you could tell me where....
WestLaw, Lexis-Nexis and several others allow on-line research on a "pay-as-you-go" basis, or check the main branch of your public library, or the law library at your court house, or if you have computer access at a university library you can get on-line access.

Quote:
Originally Posted by millea View Post
I have to believe that this is EXACTLY what they did because I have moved twice since then & I have a vehicle loan that I did not get until 2006 at my current address.
Beautiful. Your credit report should have clearly indicated your address. They should have made an inquiry and it should be there plain as day.

Quote:
Originally Posted by millea View Post
I HEAR you! Is there a reason you advise against getting your cbrs off the internet? I am not going to go against your advice, just wondered.
Internet credit reports are notoriously known to be missing information (the reason is that info is coerced into data fields), especially inquiries, and some courts are reluctant to accept information downloaded from the internet as evidence. Technically, it's hearsay, even if it comes from the web-sites of the Big 3 credit bureaus themselves.

If you have a paper copy from the Big 3 credit bureaus delivered through the mail that you can prove you asked for in writing, it falls under the business records exception of the "hearsay rule."
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Old 07-18-2008, 02:50 PM
 
6 posts, read 43,016 times
Reputation: 14
You are awesome!!!! Thank you so much for your assistance! Keep your fingers crossed for me.
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Old 07-18-2008, 03:25 PM
 
Location: America
6,987 posts, read 15,766,746 times
Reputation: 2073
Quote:
Originally Posted by millea View Post
Hello! Newbie here....please be kind.

I am hoping someone can assist me with some advice....in 1998 I got a Discover credit card & then went thru a divorce becoming unable to pay on it. It charged off in Dec 1999 & honestly with everything that has gone on in my life over the last 8 years I forgot about it. Well March 13, 2008 I got my paycheck but it was short so I researched it & found there was a garnishment attached. I checked the DuPage County Circuit Court website to no avail so I went to the Cook County website & there it was....some attorney's office on behalf of HBLC, Inc. started going to court 3/7/07 & was able to obtain a judgement & a court approved garnishment. I have never been served at my home nor thru work. I requested a copy of anything received from my HR department which I received & forwarded to my attorney. Here are my questions.....
#1 in IL isnt the statute of limitations on credit cards 5 years?
#2 how could they do this if they never served me with paperwork?
#3 do i have a leg to stand on in fighting this? (My attorney says he is going to get a copy of the original summons & upon seeing that I was never served he will go to court to get it vacated)
#4 will I get any monies back from this attorney's office?

Thank you for your time & I look forward to reading any responses given.
you can fight this one. They have five years after the last payment you ever made to them to come after you. (I think its five years in Chicago). So what you need to do is, prove that you made a payment over five years ago and I would turn around and sue the hell out of them. What they are doing is ILLEGAL.
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Old 07-19-2008, 08:01 PM
 
Location: Indiana
562 posts, read 2,185,504 times
Reputation: 499
My apologies for the error. There is not a website called discoversucks.com- bur if you google DiscoverCard Sucks- you will find a number of websites that cite incedents of consumers who are very unhappy with this company.
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Old 07-22-2008, 02:29 PM
 
6 posts, read 43,016 times
Reputation: 14
FABUMOM.....thank you for the correction. I am going to google Discover to see what I can find.
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Old 07-22-2008, 03:11 PM
 
Location: WA
5,472 posts, read 21,912,192 times
Reputation: 6157
Quote:
Originally Posted by bentlebee View Post
I will be kind but I have to say..why are you spending money on a lawyer (of course the lawyer will take your case and money) for money you admit you never paid and should have paid.
IMo you should call the company and try to settle with them to make monthly payments so you can pay it off and it will be sooner off your credit report than by waiting and still having to pay it. Don't we have to pay what we spend, even if times are worse, if you spend it you have to pay sooner or later. I hope there will be a good solution for both parties.
I agree... I have no sympathy for people looking for statute of limitation solutions. If you do not pay your debts and think ducking for an extended period is a solution I think you are a deadbeat and a drag on society.
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Old 07-22-2008, 05:34 PM
 
Location: Charleston, SC
5,615 posts, read 13,153,581 times
Reputation: 2539
Love the advice given, and I'm looking forward to read about the ensuing legal smackdown!
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Old 07-23-2008, 01:17 PM
 
Location: Ohio
21,311 posts, read 15,089,573 times
Reputation: 17739
Quote:
Originally Posted by bentlebee View Post
I will be kind but I have to say..why are you spending money on a lawyer (of course the lawyer will take your case and money) for money you admit you never paid and should have paid.
Because, um, 15 USC 1692(k)(a)(3) specifically states that if the court finds a violation of the FDCPA, then Millea is entitled to court costs and attorney's fees, which means it costs nothing, meaning its free.

Quote:
Originally Posted by bentlebee View Post
IMo you should call the company and try to settle with them to make monthly payments so you can pay it off and it will be sooner off your credit report than by waiting and still having to pay it.
Millea cannot contact Discover because Discover has already sold the debt to a junk debt buyer or attorney collection firm, thus Discover is no longer a party to this action.

Judgments stay on your credit report for 7 to 10 years (depending on the state), thus paying it off will provide no relief and will not improve the credit score.
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Old 09-10-2008, 03:41 PM
 
Location: Metropolis IL
1,663 posts, read 1,991,951 times
Reputation: 2500
Quote:
Originally Posted by cdelena View Post
I agree... I have no sympathy for people looking for statute of limitation solutions. If you do not pay your debts and think ducking for an extended period is a solution I think you are a deadbeat and a drag on society.
In other words, you believe people should waive their legal rights that the law provides them with.

You obviously have little knowledge of the predatory nature of today's credit card and debt purchasing industry.

Do some research before you make such uninformed statements.
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Old 09-10-2008, 06:34 PM
 
Location: Ohio
21,311 posts, read 15,089,573 times
Reputation: 17739
Quote:
Originally Posted by BLS2753 View Post
In other words, you believe people should waive their legal rights that the law provides them with.

You obviously have little knowledge of the predatory nature of today's credit card and debt purchasing industry.

Do some research before you make such uninformed statements.
Yeah, wait until they get slammed by a JDB who bought an old $30 final phone bill or final electric bill that got over-looked/missed 15 years ago when they moved and the JDB wants $2,500+ to settle.

They'll be here begging for help.
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