Re: PLEASE HELP/SOL & SETTLEMENTS

Posted by Why Chat (209.240.198.61) on February 27, 2003 at 22:26:01:

In Reply to: PLEASE HELP/SOL & SETTLEMENTS posted by Cher on February 27, 2003 at 21:23:52:

Assuming you lived in Wyoming the whole time,the SOL for filing suit is 8 years. However, they will come off your credit report after 7 years (dating from your first delinquency or "late month")

I do not know why the lawyer advised you to make a settlement offer,have you finalzed this settlement?If so, make sure they have the case filed against you dismissed WITH PREJUIDICE, otherwise they may turn the unpaid balance they are claiming over to another collection agency who will refile against you.And since this would in effect be a NEW promise to pay,(the settlement) the balance could be reentered on your credit reports for another 7 years.

Ordinarily, the collection agencies, especially from Providan accounts, do not have any account records or proof of the debt sufficient to obtain a judgment if you had answered their claim with a dispute.

As to the Household account, the same is likely true with them, NCO is particularly unlikely to be able to verify or validate their claim.

I would suggest you send them a validation/dispute /cease and desist letter.

If it is not too late, I also suggest you rescind your offer(hopefully it was not in writing) and file an answer with the Court disputing the claim and requiring they provide full documentation of your application, and a full accounting of the $$ they are claiming.

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