Credit card default and being sued

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4 posts
vaznut
 
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Credit card default and being sued

Postby vaznut » Sat Mar 14, 2015 5:00 pm

Hello I'm new. In 2009 when the economy went bad, I lost my job in Puerto Rico. I struggled to pay min payments on my CC but after 5 months I couldn't any longer. I sent letters to my bank and eventually collections agency explaining my situation of not able to pay. Since 2014 November, I moved to states because the house I lived in was sold (not my house). To date I received call from my ex-neighbor that he found letter in mail box from lawyer that I have to appear in court relating to the CC debt. Does Puerto Rico CC debt follow me to states? Can they put me in jail for failure to appear? I was not given this so-call summons properly, not certfied at all. I can't travel to PR to appear. I'm not even sure if Statue of Limitations ran out. I stopped making payment in 2010. Please if any have any info, would appreciate it very much.

Edwin


LessIsMore
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Postby LessIsMore » Sun Mar 15, 2015 9:40 pm

Debt follows you everywhere. But the answer to your question about statute of limitations may have a complicated answer. To my knowledge, the statute of limitations depends on the state in which you "currently" live. Check out the link below and see what statute of limitations applies in your state:

http://www.bankrate.com/finance/credit-cards/state-statutes-of-limitations-for-old-debts-1.aspx

Since you said one letter suggested a threat of court action, it might be a good idea (unless you live in Wisconsin) to have a brief introductory visit with a bankruptcy attorney. If you live in Wisconsin, consider seeing an attorney who does "Chapter 128" filings. In either case, be sure to show up with recent copies of credit reports from Equifax, Experian & TransUnion. If you don't have them, you can get them free (yes, really free) from:

http://annualcreditreport.com

P.S. No, they cannot put you in jail for being in debt. All they can do is sue and seek judgments and leins.
"People with a clever plan can assume the role of the mighty."
Paul Kantner

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lobbythis
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Postby lobbythis » Sun Mar 15, 2015 9:51 pm

This may just be fear mongering from a debt collector. You need to research more and get proof of this letter, what it looks like and what it entails.

You said not even certified? I know there are many cases of bogus letters being sent out from companies just to scare ignorant people.

For example, I once owed about $600 to a debt collector in Los Angeles. I did not know who this company was nor that they had taken over the debt. So, one day I received a call from a random number who left a crazy, frantic message threatening me that if I did not pay them within 48-72 hours, I would be arrested. I researched the number and found out it was all bogus and the company was just scaring people into paying them. They actually told me I owed something to the tune of around $2,000 because of interest and late payment fees. I also knew that was absolutely insane.

Anyways, a few months later, this company and its owners were shut down by the FTC for illegal practices and my debt was completely removed from all reporting agencies. They are not the only company out there who pulls this sort of sh*t so, again, get a hold of this so-called letter and make sure it's legitimate before jumping to conclusions.

LessIsMore
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Postby LessIsMore » Sun Mar 15, 2015 10:05 pm

lobbythis wrote:This may just be fear mongering from a debt collector. You need to research more and get proof of this letter, what it looks like and what it entails.


That could be true. An Oregon attorney who threatened to sue me just before my Chapter 13 was filed sent me a "fake" summons. He'd had several complaints against him for violating the FDCPA. Here's a 2008 article about him:

http://www.wweek.com/portland/article-8391-the_debt_effect.html

Shortly after that article was published, the Oregon State Bar yanked his license to practice law in the state.
"People with a clever plan can assume the role of the mighty."
Paul Kantner



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