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    collector?

    Hi me again. For background again i am in heavy cc debt and havent paid a cc bill since 09 because i cant afford to and most by now have gone to collection agencies. I just received a message on voice mail that i am guessing was from a collection agency because theydidnt identify themselves but the person said and iquote i will be sending someone to your home or workplace between the hours of 9_4 mon thru fri to serve legal papers...then gave an 800 numbet to call. .i am hoping this is just a debt colle tors tactic and not true.???

    #2
    Just a scam to scare. Ignore mode.

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      #3
      yes, thats what i was hoping..i dont think anyone would call me and announce they are sending a process server.

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        #4
        Of course it's a scam. No one is going to announce that a process server is coming. That tends to result in the defendant not being home/not answering their door, because they don't want to be served. Process servers use the element of surprise, and try to serve you during dinner, or at a time when they know you will be home.

        In your state, the SOL for suing on a credit card debt is 4 years, so if you haven't been sued now, you probably never will be. (And if you are, then make sure to file a timely answer with the court and be sure to assert the affirmative defense of SOL.)

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          #5
          Funny story. Recently, I haven't been answering my front door because I'm tired of solicitations -- which are prohibited by my HOA and enforced as trespassing by the Sheriff. In any event, I noticed this person who keeps knocking and I always see their red car. So, one day I come home and I see them across the street staring at me. As soon as I get out of the car, they dart towards me.

          They ask me if I'm John Doe. I answer that I'm Bob Smith. They were not happy! They started asking about my cars and other things. I told them that I'm Bob Smith and I don't know John Doe. I assume they had been stalking me and watching my comings and goings and thought they'd finally serve some poor guy!

          I thought it was funny, but the process server did not.

          (For the record, I am not being sued and I do not even have anything resembling litigation or repossession so... I'm not hiding. My cars are parked on the street and in the driveway without obstruction. If a process server were to leave their business card on my door, which I did receive once for my lis pendens back 5 years ago, I will call them and arrange a time. Just as I did in 2008. You don't need to stalk me!)
          Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
          Status: (Auto) Discharged and Closed! 5/10
          Visit My BKForum Blog: justbroke's Blog

          Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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            #6
            actually, i live in FL. and cant figure out if sol here is four years, or five years for cc..//

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              #7
              Originally posted by Fantasia View Post
              actually, i live in FL. and cant figure out if sol here is four years, or five years for cc..//
              Everyone that I know that fight these, treat credit cards as if they fit the Florida Statute for four (4) years. If it's over (5) years, then it's a no brainer.

              This won't stop collection and/or lawsuit. The SOL is just an affirmative defense.
              Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
              Status: (Auto) Discharged and Closed! 5/10
              Visit My BKForum Blog: justbroke's Blog

              Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

              Comment


                #8
                just a scam iggy mode. and if you think about it why would they tell anyone when they were gonna serve them and put the ball in your hand and not there's

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