Being sued by third party collection agency (Great Seneca Financial Corp)

[quahog]

Hello,

I know that there are quite a few posts in which poeple have stated that they are being sued so I hope not to annoy anyone else with this post but, I received a summons at the end of January (delievered by county sheriff) which states I owe about $2,000 for a past credit card account. The orginal creditor was providian but the account has long since been charged off and sold to many other collection agencies before landing with great seneca financial. This debt was opened/obtained in NH when I used to live there. The date of last activity on the account according to trans-union was 5/2002 when it was charged off. So can someone tell me which state's statute of limitations would apply here? NH it would seem has a three year SOL and it has now expired. Would Maine's SOL apply here even though I never lived in Maine durring the time the account was active?

I am on state assistance and currently awaiting social security disabilty. I do not own anything of value and rely on the kindness of others for support.

I have sent letters to both the collection agency and court stating that I am disabled and I have sent letters disputing this debt by requesting validation. I am now waiting to hear what they (CA) do next. My court date for this is March 6th and feel like I am running out of time.

Is there anything else that I should do besides obtaining an attorney that could help out in all this? I am trying to obtain counsel through a state program for the disabled but it is almost impossible to actually speak with someone there.

I thank you for reading my plight and certainly hope someone can offer some assistance.

Glenn

 

[quahog]

Update

Well I was finally able to speak with someone at the state legal aid office and unfortunately they were of no help WHATSOEVER. I feel like I have wasted a huge amount of time over waiting to speak with them and the info they did give was of no help.


WOW it really looks like I am up the proverbal creek. Please, Someone, Anyone I could really use some help with this

Glenn

 

[quahog]

Unbelievable, Forget I Even Asked

 

[15locust]

no you are not...I fought these guys myself after they sued me in court.......there is a way to defend yourself....they are only looking to get default judgement against you......repost if you want help!!!

 

[Ananospam]

I just got served papers by the same company, although I've never heard of them. I'd certainly be interested in what you did to defend yourself. Thanks!

 

[gr8one1998]

I just got served papers from this company for a credit card that is not even on my credit report anymore! Not to mention that California has a 4-year statute of limitations, and that was up in the fall of 05. Am I going to have a problem winning this?

 

[momof5]

I just got served papers from this company for a credit card that is not even on my credit report anymore! Not to mention that California has a 4-year statute of limitations, and that was up in the fall of 05. Am I going to have a problem winning this?

If the debt is ourside the SOL, you need to put that in your response to the summons - as an affirmative defense....the case will be dismissed.

 

[peteski]

I'm also getting sued by Great Seneca. My court date is tomorrow, so I'll let youknow how it goes. I do wish somee one hadd replied to the original poster of this thread. It might have helped me out tomorrow. I believe they won't even be able to prove the debt is mine, and even if they can I am 99% sure that it still falls out side the SOL for CA.

Wow, this board is a little screwy in Firefox... Having trouble telling what I'm typping... apologies for the typos.

Anyway, so I just wish I knew how to behave and what to say in court once I get there. I'm just going to end up taking my wife's advice and speaking in layman's terms and hope the judge is cool with it.

Wish me luck!

 

[squeej6]

Squeej

How did you make out with your Court date? I, too, am in the middle of a lawsuit -- I have filed an Answer and disputed it but it is due to go to Arbitration next month. Any suggestions? These birds never notified me they were trying to collect.

 

[worrywart]

I'm being sued by Great Seneca

Recieved a letter by us mail, not certified or registered that said it was a motion for default summary judgment because I didn't answer the motion for summary judgment and didn't appear at a hearing. I did not get a copy of the MFSJ or a hearing date served on me. NOW what? I have previously sent certified letters asking for validation but nothing....
Now what?They say that the account has been assigned to them but I'm not that stupid, I know who they are... Can somebody please help me, Please.

 

[gr8one1998]

Ok I submitted my answer stating that the account was outside the SOL, and that I never received any request for payment on this account, and that it does not show up on my credit report. I received a non-certified letter last Wednesday from the attourney representing Great Seneca that was a photocopy of a "request for dismissal". Today I got a call from someone at the attourney's office saying that they had to submit the dismissal request because the court "requested docs" and that it would be re-filed, however I could avoid all this stuff if I submit a settlement request to Great Seneca through the attourney's office. I said no, and stuck to my claims in my answer, and they said "ok, we'll just have to go ahead and re-file. I'll give this information to the attourneys". Is there any legitimate reason that they would have submitted this request for dismissal with the intent of re-filing it? Did they do it just to see if I would settle with the threat of the suit being re-opened? What do you guys think?

 

[angie2714]

Unbelievable, Forget I Even Asked

i am sooooo sorry that no one had replied to you questions. i stumbled on you comment today when researching everything there is to know about debt owed to creditors and colection. first i'd like to say that i can help you. i'm not sure if you will recieve this message since it has been written a long time ago by you but hopefuly you will reply or hopefully other individuals like you and myself would stumble on this blog.
1) when the credit card had charge off an account it means that you do not woe them any money and it has been sold to a collection agency 2) collection agency has to send you a letter telling you you woe the bedt for: for example:capital one. collection agency had already violated the law by saying that you owe capital one. capital one sold you accounf and marked i as charge-off, meant you do not owe any money. i had couple of conversation today with various credit cards and they stated that i do not owe them any money at all and that the account was sold to bla-bla collection agency.
3) you must request from collection agency to varify the debt. meaning that you still owe the money and that you are obligated to pay, which you are not, becase the original creditor has cofirmed over the phone and on your credit report that the debt had been charged off, meaning once again that you do not owe them. there are various documentation required by law that the credit beraus and credit companie(original creditor) have to prove that the debt is valid, where they have to provide the original contract written and signed by you and the creditor which redit berau has to have on file and if they dond, they have to delete it from ur file report. there are various letter which has to be send to collection agencies, origial creditors and credit buraus. they have to respond whithin 30 days. let me tell you this. i have been in seach for law for this past week and what i had found out is mind blowing which made me cry because of how much money i had already paid to collection which i was not obligated to pay at all. all i had to do is to follow the law. if you would like to discus this further, my email: angie2714@gmail.com my boyfriend is not interested in this at all but i want to fight because those collection agencies had violated law under FDCPA and etc.. if you would like to comment or start our own blog (i dont know how) all i can offer is my advise my further action to fight those peapole and ur support, advise, coments etc....

 

[angie2714]

Ok I submitted my answer stating that the account was outside the SOL, and that I never received any request for payment on this account, and that it does not show up on my credit report. I received a non-certified letter last Wednesday from the attourney representing Great Seneca that was a photocopy of a "request for dismissal". Today I got a call from someone at the attourney's office saying that they had to submit the dismissal request because the court "requested docs" and that it would be re-filed, however I could avoid all this stuff if I submit a settlement request to Great Seneca through the attourney's office. I said no, and stuck to my claims in my answer, and they said "ok, we'll just have to go ahead and re-file. I'll give this information to the attourneys". Is there any legitimate reason that they would have submitted this request for dismissal with the intent of re-filing it? Did they do it just to see if I would settle with the threat of the suit being re-opened? What do you guys think?

also, if the account if out of SOL, they have absolutely nooo right to sue you, depends on state. i feel ur pain, imm going thru the same thing. i had a judjement where i wasnt even informed. the next thing i know is my account is frozen and now i have a public record. the collection agency who did this to me has a very bad reputation where they hasd falsly frauded the court order etc.... sooooo many peope and lawyers sue them, it's unbelievable and i will sue them myself. this credit card they sued me for is not even on my credit report! that's why you have to ask vor validation of debt and other required documents. thay will do anything, i mean anything to go after you and ur money. i can help you, at least give u an advice and my own experience. email me: angie2714@gmail.com

 

[angie2714]

Recieved a letter by us mail, not certified or registered that said it was a motion for default summary judgment because I didn't answer the motion for summary judgment and didn't appear at a hearing. I did not get a copy of the MFSJ or a hearing date served on me. NOW what? I have previously sent certified letters asking for validation but nothing....
Now what?They say that the account has been assigned to them but I'm not that stupid, I know who they are... Can somebody please help me, Please.

if they didnt valite a debt you have to write to the credit berue(not sure how to spell it) that the debt was not validated and ask credit berau to send you documents they have on file. they have to, by law, have original documentation that the debt is valid and send it to you, if not, they have to delete it off ur report. i will fight till the end as i have learned sooo much how this process works

 

[JohnMacek]

i am sooooo sorry that no one had replied to you questions. i stumbled on you comment today when researching everything there is to know about debt owed to creditors and colection. first i'd like to say that i can help you. i'm not sure if you will recieve this message since it has been written a long time ago by you but hopefuly you will reply or hopefully other individuals like you and myself would stumble on this blog.
1) when the credit card had charge off an account it means that you do not woe them any money and it has been sold to a collection agency 2) collection agency has to send you a letter telling you you woe the bedt for: for example:capital one. collection agency had already violated the law by saying that you owe capital one. capital one sold you accounf and marked i as charge-off, meant you do not owe any money. i had couple of conversation today with various credit cards and they stated that i do not owe them any money at all and that the account was sold to bla-bla collection agency.
3) you must request from collection agency to varify the debt. meaning that you still owe the money and that you are obligated to pay, which you are not, becase the original creditor has cofirmed over the phone and on your credit report that the debt had been charged off, meaning once again that you do not owe them. there are various documentation required by law that the credit beraus and credit companie(original creditor) have to prove that the debt is valid, where they have to provide the original contract written and signed by you and the creditor which redit berau has to have on file and if they dond, they have to delete it from ur file report. there are various letter which has to be send to collection agencies, origial creditors and credit buraus. they have to respond whithin 30 days. let me tell you this. i have been in seach for law for this past week and what i had found out is mind blowing which made me cry because of how much money i had already paid to collection which i was not obligated to pay at all. all i had to do is to follow the law. if you would like to discus this further, my email: angie2714@gmail.com my boyfriend is not interested in this at all but i want to fight because those collection agencies had violated law under FDCPA and etc.. if you would like to comment or start our own blog (i dont know how) all i can offer is my advise my further action to fight those peapole and ur support, advise, coments etc....

overall, you are correct, but there are numerous mistakes which may misinform people. a lot of what is out on the internet IS NOT CORRECT, so use/believe it at your own risk.

 

[batboy]

I concur with the above statement, but will provide all with a similar occurrence. My wife entered into a contract for something (don't remember what) back in 1996 in Virginia. She moved to Minnesota for a couple years and moved back to VA in 2000. Sometime in 2003 or 2004 after we were married, some law firm (allegedly) called and I answered the phone. They claimed that my wife owed them several thousand dollars from a past debt. I asked a few questions like what was it for when was it made etc. They provided some but sketchy answers. I then asked them to restate they were in fact a law firm. They said yes and stated their name. I then asked for the statue of limitations on debt collections (knowing it was not 8 years). At this point they started dancing. I stated I would higher a lawyer. I asked them to send me all documents they had related to the debt and I would review them with a lawyer. They said no problem and hung up. I never heard from them again. No suit was every brought. The debt never appeared on my wife's credit.

My opinion, for what it's worth, there are many places that either buy or know about old debt and basically try to hustle you into paying. Be careful.