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I have been served with a summons to appear for credit card debt. Colorado.?
First, there is no case no., division, court room identified. It has my old name as defendant and not my current name. It is signed by the attorney and not by the court clerk.
Second, it states it’s for “breach of contract”. I’m sure this is to enable them to file under the 6 yr statute of limitations.
I signed no contract, but just the application which had a “customer agreement” attached to it (which is attached to the complaint as proof)
I moved to Colorado from California Oct. 31 2004. Due to divorce, etc. I was left destitute and made no more payments. I have received no communications, written or telephonic from them probably because they didn’t know where I was. On 1/31/09 I was served with the summons and complaint filed in COlorado and it is under my old name, not my current name.
I’ve done as much research as I can and have found that under 13-80-101 the statute is 3 yrs, unless it’s under 13-80-103.5 which refers to contracts, promissory notes, etc.
Question 1: When does the statute begin? Is it after last payment or what?
Question 2: Is a credit card which is open ended considered a contract signed by both parties, especially as the document they are referring to is an Agreement.
Question 3: Can I file an answer based on 3 yr stat of limitations and request costs for the filing fee?
I have on shot at this response – if I can’t get it dismissed based on the statute of 3 yrs, then I have to plan for bankruptcy.
Thank you in advance.
I yelled at my dad for making my mom joined credit card with his brother. Was I wrong?
My uncle owes my grandfather money and he needs to pay them. The problem is he went into bankruptcy a few years ago and most likely he will not get approve for a loan. My stupid father went on and insist that my mom apply for a credit card or a loan under her name and my uncle will just pay it when the bill comes. The thing is, we are poor. My parent only have 1 credit card and they owe so much money already and are paying only a fraction of the amount. I checked into the hospital a few months ago and now we got our bill and it’s $2300. We are just renting a small 2 bed 1 bath apartment for 4 adults. My point is, in the future I want to buy a place and I need my parents credit to be good. What if my mom gets denied from this loan, doesn’t her credit go down and affect us in the future. We scolded our dad for insisting for him to use my mom’s name and SS number to apply. We told him they are cancelling it but we asked for the application because my mom’s SS number is there and if he just throws it away without making sure he shred the SS number properly, then identity theft will most likely happen. He got offended that we asked for the application to be given back to us for us to shred it properly. Was me and my sister wrong? Would loan money for your brother in law when your credit score is not that good and you your self are struggling with finance? Wasn’t my dad stupid?
btw, were filipinos. I will be buying them a house because I will be the one with a higher paying income. Filipinos never kick their children out, we will all share a house.
OSAP HELP – URGENT: Which of my parent’s income do I put?
My parents are divorced and I live between my mom’s house and my dad’s house. However, the address on my driver’s license is my mom’s address. Once I arrive to Montréal however, I will be exchanging my license for a Québec license which will have my new Québec address on it (one of the apartments I’ve been looking at). I am wondering which of my parent’s income to put in order to receive the most money from OSAP. My mom does not work, however she is disabled under the Canada Pension Plan so she receives a substantial amount from the Disability Benefit. I will also be receiving some of this money (Child’s Benefit, 214$ per month) as a child aged under 18-25 of a disabled parent attending school. On the Income Tax Return, my mom makes much more money than my dad does. My dad owns a small business, a cigar shop in which he is the only employee. Business is not good, he has a considerable amount of debt from credit cards and currently owns no more credit cards. He didn’t file for bankruptcy but almost did. He currently lives on the upper level of his store, so he technically doesn’t have a house. When I go to live with him, I stay in that upper level of the store. Needless to say, his yearly income on the tax return is much less than my mother’s. In your opinion, which of my parents should I put for the income part of the application?
The answer for me is to put my dad as he makes less money, but the problem is that the address on my license is my mother’s. However, I’ll be changing my license for a Québec one in about 7-10 days and that one will have a completely different Québec license. Please advise me with what to do and which parent to put, I would really appreciate it. Thank you so much!
To “It’s me”:
Yes, they live in different households. However, would they cause me any problems if I put my dad’s income on the application but the address on my driver’s license is my mom’s? That would technically mean that I lied about living with my dad wouldn’t it? I actually live between both (1 week here, 1 week there) but the address on all my official documents is my mom’s. The license will be exchanged very shortly to a Quebec license with a new Quebec address on it but I’m just wondering in case…Thanks for your help.
To “Miss Priss”:
My mom and dad both live in Ontario. I have lived here my life. I am only moving to Quebec for university in September.
The statute of limitations begins on either the date of the first delinquency that led to the default or the Date of Last Activity (the date of your last payment). Credit cards are always Open contracts.
How was this alleged “summons” delivered? Did a sheriff or process server hand deliver it? A real summons will almost always have a confirmed court date and court case docket number. Have you called the local courthouse to confirm that this is a real summons?
You write:
I signed no contract, but just the application which had a “customer agreement” attached to it (which is attached to the complaint as proof)
Please say that you did not sign a contract/document that these people gave to you and mailed it back.
================================
Send this debt collector and the court a letter via Certified Mail with Return Receipt (NOT regular mail) stating:
Notice of Intent to Defend
I cannot officially respond to your claim until validation is made for the alleged debt. Per the terms of the Fair Debt Collection Practices Act (FDCPA), I am officially requesting validation of your claim, to include:
- a copy of the original application with my signature for this alleged debt
- a fully itemized statement for the amount you are asking which clearly details how this amount was calculated, including the interest rate being charged
- what is the “Date of Last Activity” being used to calculate the Statute of Limitations for the alleged debt?
If this issue goes to court, I will specifically be requesting the above items as validation of your claim.
This letter has been mailed via Certified Mail with Return Receipt. Receipt of this letter is being officially documented. The FDCPA allows 30 days to document claims.
————————————–
* DO NOT sign your signature on any document that you mail to a debt collector. It could end up on a forged document that can be used against you. Simply type your full name.
You can only get OSAP if you are a resident of Ontario. So no point in telling them you have been living with your dad in Quebec — they will decline you and tell you to apply for Quebec student loans. That’s the first thing.
The second thing is that one of your parents has been claiming you on their income tax evey year as a dependent. OSAP is going to check your parents’ income tax returns. So no point in lying about where you’ve been living — you will get your parent in trouble with Canada Revenue.
Sorry — I got the impression that dad was living in Quebec …. if you pick mom, you have to supply proof that she is on ODSP (a benefits stub generally works) — now, are you listed on her ODSP as a dependent? Usually she gets a little more if you are listed as a dependent. So if she is getting money for you and you say that you haven’t been living with her then she is going to end up in overpayment with ODSP — not something you want to do to your mom.
If you pick dad and he has his own business (sole proprietor, not incorporated) they may make him show audited financial statements of the business because they know that, as a small business owner, you can make it look like you have no income when in fact you do. Is your dad prepared to provide those statements?
Talk to both parents – find out what the situation is before you jump.
Why would a secured line of credit be denied?
My fiance mailed out an application and $300 money order to USBank for a secured credit card yesterday. We were just curious if the bank could deny him, and if so, what would be some reasons? The bottom of the application says that it will be denied if the applicant is under the age of 18 or has filed bankruptcy, but are there other reasons he could be denied?
You won’t be denied as long as you reside in a state where US Bank is licensed to do business (and it is, in most states). Your money is the card’s security. If you don’t make payments or default, the issuing company has your money to pay off the debt.