Re: JDB threatening lawsuit
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Posted by JKelly
(68.163.2.72) on August 11, 2004 at 22:32:32:
In Reply to: JDB threatening lawsuit posted by jdbs suck on August 11, 2004 at 22:08:49:
This is probably going to be long too.....I tend to be long winded anyway, and this is of special interest to me. I was sued by First Resolution. I did ignore them, I actually never spoke to the rep. Here's the thing, I own a house, outright, no mortgage, so that is a pretty large asset. What state are you in and when was the last time you paid the original creditor before the account became deliquent. OK, they didn't sue me until what I thought was close to the SOL. However, I now know that I could have used the SOL defense. I didn't know much about debt collection at the time.
SO, are you absolutely sure that this account is within the SOL. Look at the first 30 day late on your credit report. In my case, they had nothing but an affidavit. So, I don't think they can validate anything if you go to court. (just my opinion) You know, it is a Canadian Corp that owns the account. The First Resolution that has filed the suit is the cororation this is licensed as a collection agency in Washington State (as a foreign Corp) I think it hinges on your assets. Is this individual or joint debt? I actually was able to file chapter 7 (and keep my house). I happen to live in a state that protects my house if the circumstances are right. Individual debt, married, and the house is in both of our names. So, if you can give me a little more info on your circumstances and your state, we'll figure it out. Depending on your state, they may not be able to file suit against you. Lots of IFS
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