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  1. #1

    Default Junk Debt Buyer Sues Over Very Old Debt

    I purchased a car in Nov. 1993. In June 1994, I got divorced, and X was "awarded" the car. The last payment was the one I made in May 1994. When the loan company (MONACO FINANCE) contacted me about the deliquent payments, I gave them her current address. They repo'd the vehicle in Oct. 1994. It was cleared from my credit report in 2001.

    Earlier this month, I began getting calls from both DUNSTONE FINANCIAL L.L.C., and their "attorney", WELTMAN, WEINBERG & REIS CO LPA , claiming they now "owned" the account. I quoted the SoL's for both GA (where loan was obtained) and IN (where I've lived since 1995.) and told them not to call me again.

    Friday, Dec. 9, I rec'd notice they had filed suit. However, their entire claim is chock-full of MISinformation...most are in the signed "affidavit"...........

    "complaint" (1) states they are the "owners" of this CREDIT CARD ACCOUNT. It was an auto loan, no CC was involved.

    "complaint" (2) claims the current account balance is $8,339.10 (principal) and $28,763.03 (accrued interest), plus interest after the date of filing at 28.890% (total $37,102.13) ALTHOUGH

    "affidavit" states current balance is $8339.10 (principal) plus $14,030.82 accrued interest (total $22369.92)

    "affidavit" states charge-off date was 10/22/1999, and last payment was made on 8/16/1999-- two months prior to the charge off date. (last activity was the 10/ 94 repo) AND

    "affidavit" states DUNSTONE employee, BRAD ELLIOTT, PERSONALLY viewed the "written statement of defendent" and verified the following information was obtained from it:

    address on file- ##23 N 12th Street (moved here in 2003) Phone #'s:
    EX SPS (okttt) ###-554-9034 (X spouses' CURRENT #)
    DEMO (??) ###-798-7287 (current listing belonging to someone with same name as mine)

    Is all of this LEGAL?? What can I do???

    THANX, thumbelinamom ('s hubby)

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Friviolous lawsuit?

    You need to answer the complaint, and raise the statute of limitations as a defense. You will be defaulted if you don't file a timely answer, and may lose your right to claim the statute of limitations if you don't assert it in your original answer. You may wish to get the help of a lawyer in answering the complaint. You may wish to check to see if their are any lawyers in the area who handle suits against debt collectors - there's potential for a counterclaim and sanctions.

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