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I've got a related question for you. At least 6 months ago I started getting letters from local attorneys saying they saw I had been sued and wanted me to hire them to make it all go away. They even mentioned the creditor who was suing me so I assume they just got it from public records. The statute of limitations on a defaulted card was coming up so I figured "yeah, I'm getting sued. big deal." A few days latter i found a little card taped to my door from the county sheriffs dept. that said i urgently needed to call them about an important legal matter. I assume this was them trying to serve me and never called them back. I've heard nothing more of this and am wondering if there is a way to find out if a default judgment was entered against me? . . .
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Dec 1, 2009 14:50
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Ok, when i was 18 I opened a credit account with capital one in 08/2005. In 06/2006 I got in a bad car accident, broke my back and lost my job as a result. I tried to work with them to make an arrangement so that I could start paying on the account again when I got my unemployment which was going to take a while because I wouldn't be eligible for unemployment until my doctor released me for work. I really wanted to keep the account in good standing and tried everything I could and their response was basically "gently caress you, pay me!" Even after getting that response i called and talked with supervisors a few more times trying to work it out with the same result. So in pain and on morphine I finally got frustrated and pretty much told them what they told me, "gently caress you, you'll never get a cent". Yes I know this wasn't the best idea but i was 19, high on painkillers and they didn't care that i was trying to work it out in good faith so I stopped caring. Now on to the real issue. About a year ago they tried to sue me and I managed to dodge the summons. Apparently they gave up or something as a public records search and my credit report show no judgment against me and I've never heard any more about it. I did my annual credit report check today and found some odd things on capital ones entry. The statute of limitations in my state on debt is 4 years starting from the date of last activity. Now, capital ones entry lists the date of last activity as N/A, the report of first delinquency is 07/2006 and the reported date of major delinquency is 02/2007. The account balance is listed as $1,747. The account is listed as charged off in the amount of $995. The date of last payment is listed as 06/2006. So basically my question is what would the date of last activity be? Would it be the date of last payment? I'm trying to figure out why the lawsuit apparently fizzled out and when the statute of limitations is actually up...
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Apr 25, 2010 01:40
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bear is driving! posted:Normally, the date of last activity would be the date an actual payment was made. Just to be on the safe side, assume that the SOL would be 4 years from the latest date that shows up in the data on your reports (7/2006). It's being reported by capital one. At one point collections agencies were sending me letters but i just ignored them. I'm assuming when cap1 filed the suit a year or so ago they took back control of the account...
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Apr 25, 2010 06:12
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I was sued by capital one and filed my preliminary objections based on the contract not being attached to the complaint. Somehow a default judgment for failure to answer was entered by the prothonotary a week or so later. So then I also filed a petition to strike the default judgment. At the hearing the judge ordered the default judgment stricken and found in my favor on the preliminary objections striking the complaint as well. He gave capital one 120 days to file an amended complaint and said if they didn't i could have it dismissed with prejudice. Well, the attorney for capital one just a filed a petition to dismiss without prejudice and the dept of court records (prothonntary) has done so. Does this prevent me from having it dismissed with prejudice once the 120 days are up? Its only been like 20 days since the the court order giving them 120 days was entered. Im hoping I'll still be able to have it dismissed with prejudice so I don't ever have to worry about it again and I understand its not very difficult to have something removed from a credit report when its been dismissed with prejudice but you usually cant get it removed if dismissed without prejudice. This is in Pennsylvania. The order of court reads: Order of Court. Dated 02/04/11, Upon consideration, of Defendant's preliminary objections. It is hereby ordered that the Plaintiff's Complaint is stricken. Pltf. is granted leave to file an Amended Complaint within 120 days. If the Pltf. fails to file an Amended Complaint upon praecipe of Deft., the Dept. of Court Records, Civil Division, shall dismiss the case with prejudice. Default Judgment is stricken. By the Court: (judges signature)
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Feb 26, 2011 17:54
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