 I have a bill that might be reported to the credit bureau? |
| I have a bill for $90 that I just got a letter from saying that if I don't pay within seven days it'll be reported to the credit bureau. I already talked to these people like three weeks ... |
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 I have an HSBC debit card...? |
I am looking to buy something online...but the only options for cards are VISA,MASTERCARD,JCB,SWITCH,SOLO and ELECTRON...
My debit card has MAESTRO on it (and CIRRUS at the back) Which one ... |
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 I'm 19 and have no credit but need to get some? |
| what do u suggest i do as i don't have enough credit to get credit cards etc.... |
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 Credit card with score of 636? |
| what credit card can i get approved for with a score of 636 and i derogatory item on my report which i am currently disputing i already have a secure credit card i am just looking for a way to ... |
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 Will I still have a bad credit? 10 points for honest answer. Thank you? |
| Over 2 years ago I had a minor accident. I went to the hospital for couple times. The bills were about $990. I had a health insurance, but the health insurance have never paid for it. Finally, last ... |
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 Where and how to apply for credit card? |
| Iam just trying build my credit. well, I would like to have a credit card. Where do I apply for one with low interest. Thanks in advance.... |
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 E-bay / pay pal? |
| i have just sold an item on e-bay(first timer!) the payment is in my paypal account but not in my bank acount yet(had a few prob getting my way round it),is it ok to dispatch item to buyer, as i feel ... |
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 I have poor credit. Where can I obtain a small $600 loan/credit card with no fees.? |
| I have poor credit. Where can I obtain a small $600 loan/credit card with no fees. I need the money to invest in a new career that will hopefully get me back on track.... |
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 Credit cards for kids? |
| is there a credit card where my kid can use it but i pay it off?... |
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 I (minor) just bought a visa debit card, and my mom won't let me activate it.? |
| I'm 15, and I just bought a visa debit/prepaid card from HEB/netspend.com, and was told that in order to activate it, I was told that I needed to fax them my mom's social security card, my ... |
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 What is considered a Good credit score.? |
| i just receive my score one is 660, 690,689. so am ??? in terms of what is a really good score.... |
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 I have had a letter from a debt coll. agency. The debt is from 1997, am I still legally bound to pay? |
| This is relevant to law in England & Wales - I have heard that after 6 years, the debt is 'statute barred' ie expired, and although this debt agency has threatend me with court, would ... |
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 Do you think it's right that an employer makes his whole hiring process based on your credit.? |
Additional Details
Ok, what if the person has fell on hard times and bills got backed up judgements fell on them and no one would hire them because of such. You try to better yourself ... |
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 New capital one credit card? |
| ok i just got approved for my first credit card a capital one it should be here in 10 days im very good with paying my bills so that not a problem it said that i'll have a 0% intro APR untill 4 ... |
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 What are the chances of being approved for a mortgage if I can put 50% down? |
Small home worth 35k, selling for 25k (by my uncle). Continuous work in the same field for appx 1 year, and credit score 620ish.
*Fiance wants to liquidate and invest his mutual fund in ... |
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 Read the question please, no dumb answers. Would there be a problem paying more than the statement balance? |
| On a credit card to cover purchases bought after the statement? Say I have a $100 bill and I bought $100 more of stuff after the statement was mailed. So the statement is 100 and the online amount ... |
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 How long does it take for a check to appear in your bank account? |
I recently placed a paycheck into my checkings account at commerce bank, along with a 100 in cash.
So far it only shows the 100 in cash that I placed and not the paycheck. I placed ... |
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 I have NO credit how can i start to build credit? |
| I have no credit I have tried to apply for small loans or credit and gas cards just so I can start some where but I dont get approved because I have no credit history! Where Can I start!!!... |
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Mark | I'm being sued for a debt that is over 5 years old? |
I was served with court papers on Saturday, I'm being sued for $7400...from almost 6 years ago. I had a loan for a vehicle, I lost my job and couldn't afford to make the payments, I gave the vehicle back...my credit is still damaged because of it, my question is after all this time can they really sue me? they are threatning to garnish my wages and take my house, can they do that?
Additional Details
I have not lead them on in anyway I never promised to send them money or anything like that... a couple years ago I did try to make a payment arrangement with them but they turned it down, but it was all I could afford to do |
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echo
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∞infiniti∞ is correct, repo's fall under the UCC with a 4 year collecting SOL
And as ∞infiniti∞ stated, you should include an affirmative defense of SOL in with your answer.
Repo's void the original contract. The deficiency amount does not fall under the original contract nor does it fall under written SOL statutes.
The collecting SOL begins on the date the repo was sold that created the deficiency.
Section 2--725. Statute of Limitations in Contracts for Sale. (1) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it.
http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&BROWSER=EXPLORER+&LIST=LAW+&TOKEN=24714310+&TARGET=VIEW+&QUERYDATA=$$UCC2-725$$@TXUCC02-725
Complete listing of NY UCC statutes:
http://www.law.cornell.edu/uniform/nyucc.html
Case law - Ford Motor Credit Company v. Gilberto Arce (note the other case law cited in this case)
http://www.morelaw.com/verdicts/case.asp?n=348+N.J.Super.+198&s=NJ%20%20%20%20%20%20%20%20&d=20033
If "all" of the required notices were not provided in a legal and timely manner than the deficiency can not be claimed - UCC § 9.506 (along with your states RISA and MVISA statutes)
As for contacting them to try and work with them - NY statutes concerning re-setting the SOL statutes
§ 17-101. Acknowledgment or new promise must be in writing.
(even if you claimed in writing that it was yours - or promised to pay in writing within the last 4 years - in my opinion - still claim an affirmative defense of SOL. Leave it to "them" to bring it up and prove it. If they don't bring it up and prove it, then thats their problem)
If you get a lawyer, you might also request that a counter claim is filed for their violation of filing on a time barred debt.
If you do it yourself, you might include that counter.
You might click on my profile and click on the last link listed to a free credit discussion board.
Do some reading in the newbie forum and then in the credit forum - do a search in the credit forum for "repo". Feel free to ask any questions you may have.
You should be able to find more info concerning repo's, links to NY rules of civil procedure (RCP), other NY law links and examples of how to answer a lawsuit. |
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My2Cents
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Go to the link below and find out what the statue of limitations for your state & the type of debt is.
It also depends on what state you live in as to what they can actually do/take. |
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bryan l
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The first few answers a just spitting sand in here. Yes 7,400 is alot of money here, were i would advise a lawyer. Yes there is some good advise in other posters and can be tricky on your own. Where i am betting a lawyer will get this dismissed for around $500, call around. These damn repo's really choke a person up and i belive a tranished credit report is enough punishment. You may have a junk debt buyer after you, if that is the case an attorney will make them go away fast. Now threating to take your home is clearly a violiation of the FDCPA. this must be notied too. |
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∞infiniti∞
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Check your state's Statute of Limitation (SOL) on debt. If the vehicle was repossessed it should fall under UCC which is 4-years.
http://www.fair-debt-collection.com/SOL-by-State.html
If the debt was due to a repossession or if it is past your state's SOL, use SOL as an affirmative defense in your answer. The lawsuit should be dismissed. |
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Craig T
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You need to check the link from my 2 cents and find out the SOL on that debt. Even more important, if it is out of SOL, then you need to get your paper work (such as copies of your CR showing the date of last activity, date of default etc) and have them in case you have to actually appear in court. SOL is an absolute defense but you MUST be there in court to invoke it. |
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George
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I'm sure you'll get many answers here, but this one you really need to have answered by an attorney.
Seriously, it could mean everything - or nothing, but you need to find out. |
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Weezie
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I agree with George...7 grand is allot of money and most attorneys offer free first visits. I would at least consult with one soon. By all means though don't just not show up to court because then they will automatically get a judgment against you. |
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kmuringi
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You need to pay this but also be smart about it. Did they sell your car eventually? how much did they sell it for? Did they subtract that amount from what you owed on the car? $7,400 sound like a big loss on a car, depends on what it was ofcourse. Every state has differing rules but a debt is a debt and you just can't walk away from money you owe becuase you don't feel like paying it back. |
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Prophet 1102
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Yes they can.
You might want to try and work out a deal with them before going to court. |
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David V
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Yes, they can, because you still owe them the money.
They might be able to garnish your wages, but they probably won't be able to take your house.
You should talk with them about a repayment schedule and hope they are willing to work something out. |
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fosterjoseph
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I would question whether they can actually take your house. But garnishing is a possibility, the debt isn't that old. All you need to do though is show "good faith" by paying something on the bill. Then when and if you go to court, the judge will favor the lawsuit. |
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ProArtWork
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Yes they can and filing for bankruptcy is not as easy as it used to be. Best advice is to pay up or hire a lawyer to see if they can settle for less. Most of the time they do. |
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billy
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I think so, but I wouldn't have waited so long, maybe you been leading them on for a while. Pay up. |
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dirtrockgrind
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they totally can, and now that it has been over 5 years they can take even more, unless you have their money now you most likely are completely screwed |
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