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     | Wednesday, November 03, 1999 - 07:32 pm  I defaulted on a debt in 1989 and the creditor went bankrupt, they sold loan to a collection agency in 1991. Without my knowledge (no information about the small claims action) this company sued me in 1994, attempted to garnish my wages (which I was able to stop by providing information that showed/proved I could'nt pay), in 1998 the same company placed a lien on my home (again without my knowledge), and now this account has been sold to another collection agency who are trying to collect. In my last TRW report I've noticed approximately 10 different entries for the same account, from different collection agencies. This new agency has tacked on almost $1500.00 in interest and increased the original balance due by $900.00. By the way, 4 years ago when I purchased my home, this information was not present in any of my credit reports. After reading this entire forum, I'm somewhat confused about the 7 year limit for reporting a Charge-off. Can the collection agency that purchases the account give it a new account number and now report this as a new account (Which implies a new 7 year hitch) ? If the original company went bankrupt, how do you obtain the payment history and associated records of the account ? 1. Are there any statute of limitations here in California for this type of practice. 2. How can I fight such tactics ? 3. Where do I start ? Thanks indebtness
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| | Thursday, November 04, 1999 - 07:19 am Well, the charge off itself should be off your report, BUT the judgement against you is another matter. It will be a matter of public record and will probably stay on your credit report for 7 years from the date of the judgement. Most likely the people got a judgement against you by saying they had served you legal notice that a hearing would be upcoming and you didn't show up to that hearing. When you didn't show they got a default judgement. You could begin to attack the judgements by claiming that you were never properly served notice. They'll have to bring someone in who will say that they showed up at your work and gave you the notice of complaint. You should also contact Attorney General Bill Lockyer and determine the statute of limitations on the debt. OR you can just work towards settling it, which is still possible but a lot messier now that they've got a judgement. As far as I understand that first judgement should drop off your credit report in 2001.
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| | Thursday, November 04, 1999 - 08:58 am It took me a while to find a source for Statutes of Limitations for being sued on old debts, and I've seen questions about it several times in the forum. Below is a link for ALL 50 states. In the interest of this particular thread, here are the SoL for California Oral Agreements 2 years Written Contracts 4 years Promissory 4 years Open Ended (revolving cards) 4 years http://www.creditinfocenter.com/rebuild/statuteLimitations.shtml
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| | Thursday, November 04, 1999 - 02:24 pm Based on what Lynn has said you were outside the statute of limitations when they sued you. Doubtless they gained a default judgement because you didn't show. Possibly they even knew they couldn't gain a judgement because of the statute of limitations and they had an unscrupulous attorney handle the matter.
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| | Thursday, November 04, 1999 - 08:41 pm Best info I've ever had from any Forum. Thanks to you all. My plans are this. At the time of the original default I was'nt able to pay, and I tried to make arrangements with the first collection agency, who were really dorks, now I'm just mad. I will contact an attorney and have them investigate the matter. To date I've sent the collection agency a letter disputing the debt and requesting all records pertaining to it. I will look at the Credit reports and see if I can possibly make out the dates of default. I'll definately keep you posted.
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| | Saturday, May 20, 2000 - 08:11 pm HELP!!! I had a 3500.00 loan signed with Beneficial in Long Beach, Calif. I had the loan paid down to 1874.00 when my daughter was kidnapped on 7/11/1989.I used my resources to find her and as a result the loan was charged off. The last activity on the loan was 2/92 per a 1995 credit report.I have lived in Texas since 1990. In April I started getting calls from a collection agency. They said if I didn't pay they would get an order to seize my car, my bank account, and my personal property. What is the law concerning charge off accounts? Can a collection agency who purchases a charged off account get a judgement against me? If so, can they seize everything I now own? What are the statutes concerning this type of situation? Also, this charge off no longer shows up on my credit report. Do they have the authortity to put it back on my credit report? The reason I ask is because one of the collectors who called was particularly vile and offensive and made me feel threatened. I am in the process of reporting him to the Attorney General's office for harassment. He said he was going to get everything I owned and ruin my credit that I've worked so hard to rebuild. Please send advice immediately. Thanks, Teresa
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| | Sunday, May 21, 2000 - 02:53 pm I would think that there isn't a thing Beneficial can do unless they got a judgment at some point. I recommend you TAPE the next call (inform the caller that you are taping WHILE you are recording), request written information on the supposed debt, and request that no other contact be made. If you don't have a recorder, just get their fax number and send it via fax, and make sure you get a receipt. If that's not an option, you have to go the slow route and mail via certified mail. Let us know how that works.
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