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I had acct w/ providian lst pymt was march 2001. I have not made a pymnt since then. I have received notices from various collection agencies the latest is Unifund ccr partners july 07. I responded back stating the debt is no longer valid they then sent debt validaton of orig debtor and the amount. I responded once again stating the debt is invalid due to statute of limiitations. Today I received a summons from local court stating i am being sued by unifund and have 35 days to respond. what are my options? How do verify time limitations? I currently reside in Okla. thank you
You may want to pull your credit report and see what the date of last activity is. This date is critical as the SOL is from the date of last payment or use of the account.
Once you confirm the DLA write a letter to the courts and dispute the debt based on the SOL. Request this case be dismissed in your letter. Send copies to the court and the lenders attorney along with a copy of your credit report showing the DLA. If they don't dismiss the case prior to setting a court date make an appearance and state your case. Ask the judge to dismiss the case again. I cannot see how they can get past the SOL. Good luck.
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Michael Brotherton
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Consumer/Debtor Rights Advocate. Mike Brotherton is a negotiator with over 30 years experience in consumer lending and collections. Mike has 30 years in the credit and collections industry as a former loan officer, debt collector and manager of two finance companies over several years. Mike is well versed in Loss Mitigation practices and the legal collection process. He has helped literally thousands of people over many years overcome serious financial problems such as foreclosure, creditor lawsuits and abuse by debt collectors. For more information about resolving your "financial emergency" visit www.financialemergency.com. FinancialEmergency.com is a consumer web site which actively promotes Fair Debt Collection Practices and other consumer protection laws. We teach DEBTOR RIGHTS and enforcement of those rights. The more informed you are of your rights and the credit collections practices of creditors the more peace you can have dealing with your FINANCIAL EMERGENCY. Most financial problems are fairly common and as such have some very common solutions. The key is understanding your rights in the collection process and how to enforce them if need be. Primary business- Debtor Rights Advocacy and Debt Mitigation relating to foreclosure, creditor lawsuits, and other serious financial problems. www.financialemergency.com (copy and paste in browser).
Experience
Over 40 years combined experience negotiating disputes and resolving financial issues related to consumer debt, corporate issues and mortgage modifications.
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