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Contacted by Company That Claims They Are Suing Me

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  • 04-15-2014, 11:38 AM
    KS_111
    Contacted by Company That Claims They Are Suing Me
    My question involves collection proceedings in the State of: Ohio

    In 2006 I opened a bank account for a summer job. After 2 months I left the job (it was seasonal) and the bank would not let me close the account due to a pending charge. I left enough money to cover that charge and went home (I lived in Michigan) with the intention of just leaving the account open until I visited the area again. I forgot I had a subscription open on the account for 5 dollars a month and it overdrew the account - which led to over 700 dollars in overdraft fees on what could have been no more than 10 dollars of overdraft. I was 19, so I just ignored it (stupid).

    I was in Checks Services for awhile, but never heard a peep from the bank or anybody else. It never even showed up on my credit report. Until about January of this year (2014). A collection agency called my father in law (it was my previous resident) and told him that I owed the company a few thousand dollars from US Bank. I never heard anything from the company and he did not give any information.

    10 days ago my father got a call from a "process server" in the county in which I live now (which is in North Carolina) who told my father I was being sued and to call this number. I got a call from a blocked number that did not leave a voicemail (I was working and did not get the call). I call the number back and after being a little irate with the "receptionist" finally talked with the "manager" who told me I was being sued for 3500 dollars and I was contacted by a process server.... not the company who is suing me. The person I talked to asked if I still lived at the temporary address I used in 2006 so he could send me the papers. I said "sure, go for it" and hung up. To point I have not been contacted again.

    A few keys points:
    1) I've never been a resident of Ohio. I lived in Michigan at the time of the incident and live in North Carolina now.
    2) I was never contacted in any way regarding this debt until January of this year (7+ years later).
    3) They claim they are suing me for 3,500 (which covers debt, interest, court fees).

    My gut instinct was this was just a debt collector trying to pressure me. I told them that they violated my rights by discussing my debt with my father in law and that the statute of limitation in Ohio was 6 years for this type of debt (I did a quick look in January after that first call, but that may not be true). However, after having sat on this for a few days now I want to see how I should proceed.
  • 04-15-2014, 12:02 PM
    LawResearcherMissy
    Re: Contacted by Company That Claims They Are Suing Me
    This is a junk debt buyer trying to frighten you into contacting them and making payment arrangements, thus resetting the SOL and their ability to actually sue.

    Process servers don't call you to tell you that they're coming. They just show up. Calling ahead would defeat the purpose of personal service, as the intended recipient could simply decide to not be home. There is no law requiring you to wait around for a process server to show up. A suit cannot proceed until service is perfected.
  • 04-15-2014, 12:46 PM
    jk
    Re: Contacted by Company That Claims They Are Suing Me
    you might want to check that statute of limitations. Im thinking 8 years but additionally, I have not checked to see if the time tolls, or stops running when you leave the state.
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