Can You Be Sued Over A Debt That Was Removed From Your Credit Report

[totallyconfused]

hello i have a question? can a collection company bye a debt that was deleted from your credit report and never contact you about this and out of the blue have you served with some court papers with no court date..the papers are from my home town court house and i have been in contact with them and there is nothing filed there and it will be a year next month..this what i am going threw and i dont know what to do..i have put in complaints with the federal trade commission, the bbb, the attorney generals, the local bar.. i just just dont know what to do..i am scared i will be sued, my wages garnished, my chacking account frozzen.. is this right??

[totallyconfused]

hi im new to this and i live in minn.. i have a question? i asked it on some one else thread and got a nasty reply.. sorry i didnt mean any hard.. i did a dispute on the computer with equifax in regards to a credit card.. i leter got a report back from equifax that this item has been deleted form my file.. well about a year and some months later i got a sheriff at my door and i was served papers.. there is no court date on the papers and there has been nothing filed at the court house.. a collection company named unifund bought this deleted debt and never contacted me abnout this and i have never gotten any thing in the mail or phone calls form them.. i just got some court papers with no court date on them.. i have been in contact with the court house her ein my home town and there is nothing filed.. but this como law that unifund has as an attorney wants money.. money i dont have to pay on a debt that has been deleted form my credit file and there is nothing on my credit file for any collections either.. anyone else out there going threw this and does any one have any good advice on what to do?? thank you..

[jk]

what is the title of the papers you were served?

In most suits, there is no court date on an initial service because it is merely a notifiation. There is generally a limited period of time for you to respond though. Is there any such working in your service?

the fact there is nothing filed in the courts tend to make me believe you are not being sued yet but do not take that as anything. Mistakes do happen.

Is there a case number or anything on the papers served?

[totallyconfused]

hello no there is nothing on the papers.. the papers i am talking about is or what i think could be court papers.. it says unifund ccr vs my self.. and then it goes on to say that i owe unifund money for a debt..this unifund i guess bought this debt and then they got an attorney and that attorney had me served with these court papers..thats what i just dont understand is how can they have me served with papers tha tdo look like real court papers but there is no court date, no file number nothing.. like i said i have been incontact with the court house here in my home town and there is nothing filed.. is there a time frame with this?? and yes the item was deleted and the last date of activity was 3/01.. i was served with these papers 12/06 . the sol in minn is 6 years..

[totallyconfused]

andf i forgot to say to i have had my credit report ran at my local federal credit uunion and there is nothign on my credit report either.. nothing to do with this unifund or this como law.. it was ran last month..

[jk]

the CR is not definative proof af anything. If you contested a debt and they did not revieve proper support of that debt from the debtor, the CRA would take action regardless of the true and legal status of the debt.


There is nothing stating the court in which this would be filed or anything? If not, then it may simply be an attempt to make you believe it is a summons and act as if it were.

Don;t let what your local court says as the only answer either. If it is a true summons, it could be from some other jurisdiction.

Does it give an address or directions for a response?

Have you contacted those named in the paper?

[totallyconfused]

the county i live in is where the papers are from.. it says the county of ????.. i have taken the papers right up to the court house and they looked at them and then checked to see if there is a law suit against.. there is nothing civil or criminal.. and yes right after i was served these papers i took them right up to an attorney that i know.. he looked at them and said that some times if you have an attorney do an answer letter then they may leave you alone.. so he sis that for me with out chargeing me.. well months had gone by and i didnt hear a thing.. then all of a sudden i get a call form him and he said that this como law wants me to pay them money.. thats when i went to the federal credit union and talked to the credit counslor there and she looked at all the papers and ran my credit reports.. and she gave me a copy of them and sais that there is nothing on my credit report either.. and then told me to check at the court house.. there isnt a thing there either.. but this como law wants money and then i did a complaint with the attorney generals and they sent me a letter saying that this como law will take 1300 in 30 days.. well i dont have that kind of money.. i dont know what to do.. i cant afford an attorney.... many people have told me that if this in not on my credit report not to pay it.. why pay for some thing that is not on your report.. and to why is it that they can do all of this and not contact me from the beginning.. i hav enot idea when, where , or how they even got this deleted debt...

[aaron]

I don't know why you would be served with court papers if no lawsuit was in fact filed. If you have been sued, you need to file an answer as instructed in the documents that were served upon you, or you will end up with a default judgment against you. But if you and your lawyer have confirmed that no suit was actually filed, there's no lawsuit to answer.

Whether or not a debt appears on your credit report is irrelevant to whether or not you can be sued for nonpayment.

[jk]

=totallyconfused;145611]why pay for some thing that is not on your report..

because if you legall yowe it, they can still sue you and win a judgement in court. Like I said, the CR is not definative nor legal proof of anything.

and to why is it that they can do all of this and not contact me from the beginning..

because they didn;t want to. The only limitation they have is the statute of limitations. It would appear it is close to, if it hasn;t, expired so this is when I would expect to be sued for a debt. Once the SOL expires, they cannot win in court (as long as you defend it properly) so they would logically sue before they lost their chance.

i hav enot idea when, where , or how they even got this deleted debt...

they purchased it from the origianl creditor. As I said before, what it states on your CR is irrelevent to the legal status of the debt. That has nothing to do with your liability or the their ability to win in court.

You post is somewhat confusing. Not sure why you would get such a response from your AG. That does not sound like a typical response one would recieve from a states AG.

I guess my best direction would be:

if this is a legit debt and the SoL has not passed, I would negotiate the best I could to set payment arrangements or pay off the debt. If it isn;t, or you believe the SoL has passed, i would ask for validation and give them notice the SoL has passed and you will file that as a defense to the claim.

[totallyconfused]

thats why i am so confused.. i was served dec of 06, and no there is nothing at the court house and it will be a year next month.. the attorney i was talking to did file an answer letter and it took months for them to get back to the attorney i was talking to.. and it was i my self that found out there is nothing filed at the court house.. i went there my self..and the lady i talked to in the prosicuting attorneys office ran my name and this unifund name and there is nothign filed.. she told me she is not for sure but she thinks that is has been long enough to file a law suit.. is there a time frame for this or can someone be served and then they file when ever they want to?? so this place didnt have to contact me after they got this?? i didnt even have a chance to dispute it with them..like the law says they should have contacted me with in 5 days and they should have notified me of my rights to dispute it.. and they never did..