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Re: SOL Wells Fargo Pennsylvania


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Posted by LadynRed (199.91.33.254) on January 29, 2003 at 12:11:07:

In Reply to: Re: SOL Wells Fargo Pennsylvania posted by RedwolfHopw on January 29, 2003 at 11:04:39:

You can get your CR's online with all 3 bureaus. Go to www.experian.com, it'll cost you 9$ and they make it available in a printable version for you.

Open accounts - are sometimes defined in State laws, check WhyChat's site for the PA statutes. The Federal Truth in Lending Act defines credit cards as open-ended accounts, so even if your state doesn't specify, the Fed does. Most judges don't have a clue, so its wise to take a copy of the TILA to court with you to show him, along with a copy of the state statute if one applies.

Most CA's will try to argue that a credit card is a Written contract .. and they're full of crap. But then, most CA's don't expect you to show up in court to argue with them either, so they're almost always unprepared when a judge says "can you prove a credit card is a written contract?"

If you're barely within the SOL, then I'd recommend you stall them with the debt validation process. They probably can't validate (FDCPA) and if they can't, they have to cease collection. This can stall them for quite some time, might even make them drop you like a hot potato, until the SOL DOES run out.

As for your personal property, they have to sue and win a judgment first. IF they win, then you have exemptions from judgment just as you do in Bankruptcy, and they can't take a damn thing that isn't non-exempt !!


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