Expert: Creditwrench - 5/6/2008

Question
QUESTION: I've read some of the answers that resemble my question....just want to clarify a few points:I live in PA, Allegheny county. The complaint is issued here. When I ask to see my complaint file when I file the Notice to dismiss, will I be allowed to photocopy the papers if any? I'm also not sure I understand this concept of SOL. The acct mentioned in the complaint was opened in 1998-1999. I can't remember the last pmt made but the complaint claims I owe $3200.00 and the acct was opened for 1800.00, I think. there was no other paper detailing original contract attached to the complaint. would you please detail what I need to do about this. Thank you very much for your kind attention & for sharing your knowledge.

ANSWER: It's not important when you opened the account. You have to find out the date you made the last payment to the creditor, add 30 days and that is when the SOL should start according to most state laws.

You may have to get that info from your bank, credit card company or however you made your last payment to the creditor.

I can't detail what you need to do about this here in this forum. It is entirely too complicated and involved for that but you will need to file a written response to the court.

Bill Bauer
405-684-9397
405-227-9423

---------- FOLLOW-UP ----------

QUESTION: I called the district today to find out what their hours are and the lady seemed a little unsure abt directing my call. So she told me to call the collection co. over the week end to ask abt the contract (which was not attached to the complaint), then to go to the office on Monday and tell the lady there what I want to do.  I am a full time nursing student (age 53) trying to get IT right and time is an issue for me. But I will be able to make a phone call to the collection co. Can I phone you over the weekend to discuss this? And is there a charge? I forgot to mention I'm a poor nursing student (aren't they all?!).
Thanking you for your help.

ANSWER: I would strongly advise against calling the collection company for anything. First of all, the contract has no importance to you compared to the importance it might have for influencing the court in their favor. It isn't going to give you any information regarding when you made your last payment to the creditor. While one must consider all aspects of the complaint and any other documents they may have filed, by far the two most important are probably the complaint itself and any affidavits they may have filed in the case.

Affidavits are extremely important because they so often carry false and misleading information giving rise to causes of action in federal court.

But I'm sure that you need to determine the date you made your last payment to the creditor and the collection company probably can't or won't tell you that.

Yes, you can call me over the weekend or any other time you wish and no, there is no charge to talk to me as long as you want.



---------- FOLLOW-UP ----------

QUESTION: I tried to phone you at the 405-227-9423 number but no answer so my last payment was made on 04/13/2001. Does that qualify for the SOL? I will be filing my answer to the court tomorrow 5/07/08 and would appreciate any help you can give me in that effort. I did not phone the colln co. because that sounded stupid to me but I did find my receipt for last payment at home. HELP PLEASE!

Answer
All my calls are forwarded to my cell phone and it got turned off accidentally so I missed your call. Today is the 7th so all you could possibly do is to show up for court and ask the judge for an extension of time so that you can seek assistance to prepare your defense. Judges usually grant such requests. Your judge may or may not do that. It is their decision and they can do whatever they want.

If the judge does grant you an extension of time then we can do it the right way. If the judge will not grant you an extension of time to seek assistance then we can see whether or not we can find reason to file a motion to vacate the judgment. Most likely we can. That is never much of a problem.

So go ask for an extension of time to answer and see what happens and we will go from there.