need help dealing with a collection agency

getting right · 08-08-2008, 12:47 AM

hello everyone....i am new to the whole forum thing so be patient with me. could someone tell me what "dv" means? i've seen it a few times as i was reading discussions on this site....thanks. Also, i need help in dealing with this collection agency named "asset acceptance" has anyone heard of them? Well apparently they have attempted to sue me. when i run a check on myself with the clerk of courts for my city (cincinnati),it shows that they have filed suit against me but when the courts tried to deliver a certified subpeona or demand that i appear in court, it was returned to the court saying that I had moved/ not at the delivery address. I think the court had dismissed since they didnt have a current address on me. Asset acceptance had either purchased this acct from providian bank (i am guessing) or either they were hired by providian. In either case.....the last account activity has exceeded beyond 7 years, which brings me to my question...."does their attempt to sue me re-age my account in anyway?" Does anybody know? Thanks

Lucy · 08-08-2008, 06:19 AM

DV means to validate a debt, asset is well known and no it will not reage the debt. You need to make sure they didn't go to court and get a default judgment, it has happened.

jlynn · 08-08-2008, 08:00 AM

Filing suit will not reage the original account itself. If they were to get a judgment somehow, then that would be a new debt, and would have its own new reporting time period.

hannah · 08-08-2008, 09:08 AM

If the debt is 7 years old, it is past the statute of limitations for suit.

jlynn · 08-08-2008, 10:53 AM

I thought Ohio had an incredibly long SOL?

gweedoh · 08-08-2008, 12:33 PM

Quote:

Originally Posted by getting right

"does their attempt to sue me re-age my account in anyway?" Does anybody know? Thanks

The SOL for debt collection in Ohio is 6 years unless it's a written contract, which is 15 years. Typically, credit card debt isn't considered a written contract, but this is determined by how your state courts historically treat them, so you might want to look into this some more.

The derogatory account can show on your credit report for 7 years regardless of the SOL.

If they are in fact beyond SOL for filing suit, it's actually an FDCPA violation for them to try to sue you and you can collect $ from them in this case.

hannah · 08-08-2008, 12:39 PM

Quote:

Originally Posted by jlynn

I thought Ohio had an incredibly long SOL?

ORC places oral contracts at 6 years and written contracts at 15 years. However, Providian cards contained the clause that the law of Delaware applied to the card agreements. This was in order to charge Delaware high interest rates. Statute of limitations on the the other hand for debt on both oral and written contracts is 3 years. Simply apply Ohio's borrowing statute (Conflict of law) and VIOLA! Debt is OOS.

jlynn · 08-08-2008, 01:06 PM

Quote:

Originally Posted by hannah

ORC places oral contracts at 6 years and written contracts at 15 years. However, Providian cards contained the clause that the law of Delaware applied to the card agreements. This was in order to charge Delaware high interest rates. Statute of limitations on the the other hand for debt on both oral and written contracts is 3 years. Simply apply Ohio's borrowing statute (Conflict of law) and VIOLA! Debt is OOS.

Well see, now the OP and moi are no longer confused. Why didn't you say so in the first place?

Ohio Boy · 08-08-2008, 01:42 PM

Hannah, now you know those attorneys don't like us using their own agreements back against them right???

I know of one attorneys face that dropped to the floor when we presented their own user agreement that took what they thought was 15 years down to 3 in court.

I think the attorney wet himself too.

Case dismissed. Judge ordered him to clean up his mess and stop whining.

Another win for us in Ohio.