Hi all! Here's my starting info....
1. Who is the named plaintiff in the suit?
No suit yet.....Just received a letter from Financial Recover Services, LLC (bought debt from Cach LLC who bought from Clout Visa, who bought from MBNA) But the letter starts "Please be adviced that Cach, LLC the current creditor-debt purchaser has purchased the account referenced above and it has placed it with our office for collection" blah blah typical stuff after that. Trying to seek payment
Trying to collect $800
I live in Boone County KY
The last time account was paid on was 8/4/12
I'm not sure on SOL of the debt. Everything i'm reading says KY is between 5 and 15 years. If its 5, they can't sue...but can still try to collect...but I can't find anything that will 100% define SOL for my lovely state.
I have not disputed the debt with the credit bureaus (both the original creditor and the collection agency?) And I just received this today so I haven't sent them a DV letter yet either.....
They are giving me 30 days to pay one of the settlements listed below or they say they will take further action.
Cach LLC tried to sue me about 2 years ago now, but it was dismissed because they filed in wrong jurisdiction, but never re-filed in Kentucky. I was thinking of sending a DV letter and I also know arbitration is an option through JAMS, and thats often a popular one, expecially with a low amount owed. I was hoping to get some guidance once again from you all!!
**Side note SUCCESS** with the help of some pretty awesome people on here I've gotten 2 cases dismissed, 1 with prejudice and removed from the collections portion of my CR. I had one late payment that happened last fall when my husband and I missed it while merging bank accounts removed by a goodwill letter to my car lender (perfect payment history for the last 6 years on it now and one more payment and its paid off!!) and I disputed a collection through the 3 CR bureaus and had a collection from a cable company removed b/c I paid it years ago and they didn't have documentation that I didn't. So I've worked hard to clean my credit up. The CO's are still on my report, but they're at the youngest 5 years old at this point. and my credit score *knock on wood* is right at 700. Finally looking at getting a house...so this stinking thing is the last thing I need.
Any advice on Kentucky SOL experience with CC debt, Sending a DV if it is in fact out of SOL, or if I should just file with JAMS now and halt all process....would be helpful!
Thanks everyone in advance!!