Sued for credit card debt – what is the SOL in Indiana?
My husband had a Bank of America credit card with a balance of $8,000 which a lot of that was for fees. Now the balance is up to $11,000 and has been turned over to a collection agency. His last payment was about 5 1/2 years ago. He lived in a different county when he aquired the debt and a letter filed in that county was mailed to his old address notifying him that there was a pending judgement and they are giving us 20 days to send a letter to them asking for relief from the debt. We only received the mail because my husbands parents live at that address and they forwarded it to us. I think they should have sent it back to the court with a note that he doesn't live there anymore.
1. What is the time limit since the last payment that a judgement can be filed in Jasper County, Indiana?
2. What does it mean for him to send a letter for relief from the debt and how would he do that.
3. Does the county we live in now matter in respect to the county the judgement was filed?
Thank you for your help!
What is the time limit since the last payment that a judgement can be filed in Jasper County, Indiana?
—Jennifer
1. It looks like a 6 year statute of limitations in Indian to be sued for unpaid credit card debt. The statute of limitations applies to the whole state.
2. A notice that included some statement of letting the court know that you are entitled to relief, would be referring to relief from post judgment collection like garnishment or bank levy. You would have to meet a set of exemptions that relate to monthly income and other criteria. The best way to do that would be to:
- Contact an attorney and ask for assistance.
- Talk to the court clerk and ask for a form they may have that you can fill in and file.
3. Yes, the county you live in is a big deal. You typically have to be sued in the correct jurisdiction, which in this case would be the county you reside. There may be a time line for being in a different county in order to be considered moved or residing there.
Speak with an experienced creditor and debt collection defense attorney.
You may not have been sued by Bank of America. BofA may have sold the account to a debt buyer. There are good defenses an experienced attorney can raise in defending debt buyer credit card lawsuits. If the lawsuit was filed in the wrong county you may be able to get it dismissed. You are fast approaching the 6 year statute of limitations. Who is to say that if you got the judgment set aside that the debt buyer would bother suing again?
I think it is a good thing you got the mail. You now know there is a judgment filed against you in the wrong county and you can go deal with it before they try to freeze your bank account or garnish a paycheck. This is a very real risk, so do not delay in addressing it. If you need help locating an attorney near you with the type of experience with debt buyers and creditors I am referring to, let me know in a comment reply below. I will help you locate one. Just include your zip code.
Readers with questions of concerns about similar issues outlined above are welcome to post below.
About Michael BoveeMichael started CRN in 2004 with a mission to provide people in need with detailed debt and credit help and education. Michael has participated as an expert panelist in federal consumer protection rule making, collaborated on state law changes governing debt consolidation, has worked as an expert witness in court matters related to the debt relief industry. He is available to speak with you about your financial struggle and helps people resolve their debt problems daily.
Oh and i went into my computer and pulled up file i saved where i disputed debt collectors and guess what yep the very same one that has a court date for jan in a county we dont live in has been decieving since 2009 using different firms to try to collect but when i would request verification they would cancel or close it turning it back over. According to these papers i have the debt in question is 9 years old needless to say they knew our address they have no excuse to file where his parents is. What can i do? Please help
That suggests debt collection violations that one of those attorneys I emailed you may take on for you at no cost to you.
What is the name of the collection company involved in all of this?
I have a situation. Me and my husband live in one county and we just recieved a call from his sister saying he got a letter from the court house which of course is total different county He hasnt lived at that address in over 20 yrs but its an old debt collector trying to collect. My husband had disputed any collections that we were notified of. However we havent been on this one till his sister called. We dont have the funds for a lawyer so could you please tell me what I need to do about it? Thank you so much
You are being sued in the wrong jurisdiction, so I would focus on that first. They will sue again in the right county. What is your goal for resolving the situation?
we live in Georgia and I have no ideal what steps to begin taking. I dont understand how they can get a court date and mail it to my husbands parents home who both happens to be in a rehabilitation center he hasnt lived there in over 20+ yrs he has never applied for or ordered any credit card from no one since we filed chpt 7 several yrs ago but we didnt live with his parents we have in fact have lived in the same county for 20+ yrs even then he didnt apply for any credit cards. but this place has a court date set for january. Is this legal? I mean no police came to serve havent seen the first document other than what was mailed and it was from Magistrate saying Peremptory Calendar Notice of Hearing. This seems so sneaky because what if his sister didnt check the mail since his parents are in the rehab and it went to court they would win what ever they are after and cause all kinds of problems and we wouldnt have a clue. This just doesnt seem rite. What can I do? what should I do? thank you for taking time to talk to me.
I see. I am sending you an email with a list of experienced debt collection defense attorneys in Georgia. I want you to call one or more of them on Monday and run your situation by them and see what advice they give you. Let me know the outcome.
I sure will let you know what they say. And thank you so very much
I was sued by Palisades Collections in the wrong county. They sent a garnishment order to my employer in 2013. I hired an attorney and he called them and they dropped the garnishment. Now they just garnished my bank account with the same lawsuit filed in a different county. I cannot afford an attorney again. What can i do?
Your attorney should have worked to get the lawsuit in the wrong jurisdiction undone.
When was it that you stopped paying the original creditor for the account that Palisades bought?
What is the date the judgment for Palisades Collection was entered in the court?
What state do you live in?
Thank you for replying. I live in Arizona. Before I was served the last payment I made was in the first part 2008. I was served in 2012 (I think). Once I was served I called and made payment arrangements because I knew I could not get to the courthouse in the other county (about two hours away) to fight the suit. The lady in the attorney’s office told me I could either go to the other county (she knew I did not/never lived in the other county) to court or make payment arrangements.. I did not know the law so I made several payments (even though I was making payments after the lawsuit service they still got a judgement). I couldn’t keep up the payments so they sent me a garnishment to work. That is when my attorney notified them and they ceased collection efforts on the garnishment all together. I thought this was settled until I got a notice from my bank last month that the creditor had used the out of county judgement to garnish my checking account. Yesterday, someone from the law office called my work to verify employment again. I already spent about $1,500 with my previous attorney and the entire judgement is only $4,500 so I really cannot afford to hire an attorney again. Thank you for your advice, it is really appreciated.
I know the cost of hiring another attorney is prohibitive, but I would suggest calling one (or more than one) for a no cost consultation. If your issue can be resolved by getting the judgment bell in the wrong county “un-rung”, the SOL to sue you again in the correct county could have passed. This could be the least expensive approach to resolving this, and is worth knowing if it is possible.
I am sending you an email to several experienced attorneys in Arizona. I believe all of them offer an initial no cost consultation.
I am being sued by the Law Firm of Allan C. Smith of Bristol, PA regarding a lawsuit filed against me for collection of an old Bank of America credit card debt. Mr. Smith has recently been incarcerated for 300 counts of possession of child pornography, and another attorney from his office filed a Motion to Continue due to his unavailability. This new attorney mailed me a copy of the Motion to Continue to my address in Florida. I was unaware of the lawsuit until receipt of the Motion to Continue. I looked up the court records online, and Mr. Smith alleges that he had me served at an address in Philadelphia on August 1, 2014. This is an absolute lie. I’ve never lived in PA, nor do I have family or friends who live in PA. I have lived at the same address in Florida since 2004. It is the same address that is listed on the credit card statement that was included in the court docs, and also where the new attorney’s Motion to Continue was sent.
The new attorney’s Motion to Continue was granted, and an arbitration hearing has been set for June 16, 2015. I do not have the funds to travel to PA. Also, I believe that if Bank of America has a legitimate claim against me, they would need to file their case in Florida where I live. Is this correct? Can I file a Motion to Dismiss citing the rules of service under the PA Civil Procedure Codes with support documentation showing that I’ve lived in Florida since 2004? I have my driver’s license, voter’s registration card, and property tax records. I also have corporate documents with my home address on them as I run my business out of my home. Do I need to cite something regarding proper jurisdiction?
I can’t afford to travel to PA. My husband has Parkinson’s Disease, and I can’t afford a huge legal bill with him no longer working. Any help you can provide would be greatly appreciated.
Thank you.
I have a few questions before suggesting a course of action.
When did you last pay anything on the Bank of America account in question?
Are there identifiers of the account that suggest it is indeed yours?
Is if FIA Card services suing or a debt buyer (who is the named plaintiff in the caption)?
1) I last paid in February 2011.
2) There is a statement included the complaint that is one of my old statements.
3) It is a debt buyer – Cach, LLC.
I have filed a Motion to Dismiss with the Court based on improper service and jurisdiction. I served it on opposing counsel via certified mail.
Thanks,
Kathy
I would look at your options to pursue the debt collector by speaking with an experienced FDCPA attorney in your area of Florida. It is possible to pursue this type of thing with no out of pocket costs.
I can send you contact details to any attorneys I know of with the experience you need if you post the name of a nearby large city.
Thank you. I live near Tampa.
Hi Michael,
I have not heard back from you regarding an experienced FDCPA in the Tampa area.? Also, can you please just answer one question – can I be sued for credit card debt in Pennsylvania if I do not now, nor have I have ever, lived there?
Thanks,
Kathy
I sent you an email just now with several Tampa area attorneys with the experience you need.
No, you should not be sued in a state you have never lived in.
Thanks, I really appreciate your help.
I was sued in a totally different county from where I live. I filed a motion to dismiss due to improper venue, but nothing has changed. The county that velocity investments sued me in is 5 hrs away from where I live. Could you share some of those tampa bay attorneys?
Check out the National Association of Consumer Advocates.
we would like to pay our credit card off early is there any pay offs if we do?
Can you be more specific about what you are after?
Are you late with payments to Bank of America? Are you wondering how much can be save from settling with them? Are you able to pay, but looking for a discount? Are you concerned about your credit scores?
I had a loan with One Main I got behind due to heath issues, I used First Choice Debit Re-leaf. They work out a payment plan plus worked an agreement to settle for less as long as payment went through First Choice Bookkeeping system. Well the One Main Rep did not like me and took us to court any way still agreed for less what was the original amount, I had to pay an extra 400.00, The account the Judge said as long it was agreed and paid as plan there would be no court record. Get this all was paid on time and One Main refused to contact the courts indicating account paid and refuses to remove from credit bureaus showing not just paid but still owing a balance. Well Called them refused to talk said had to call main office who said they had no clue in what was done and have no record and the account was in collection, call their one main collection department who were very nice said they had no clue in what was going on. So they after letters were sent still refuse to give me my load papers indicating all were paid and settled. So Question is: Can we sue them for not and refusing to provide me with the documents and refusing to make notice to the credit bureaus, That he had to report at the first week of each month. What is the statues code for the rules in getting our documents. Thanks for your time and understanding, In Florida Great site you have.
EMF – I would encourage you to talk with an experience consumer law attorney in Florida. Find out what time frame is required in your local courts for updates to the records. Look at what is recommended to get One Main to update the credit reports to show the balance is zero, as is required.
Post the name of a larger city nearby and I can email you some attorneys with the experience needed that you can call and consult with (most offer a no cost initial consult).
You could also file a well put together complaint with the CFPB regarding all that has transpired.
Hello
I was having a hard time paying my bills and told Credit Card Services that I cannot pay the high interest rate and high payment monthly.
Credit Card Services closed my account and told me to continue to pay at the new amount $58 per month.I have been paying a little more per month @ $60 to pay it down and the balance is @$980.
Now I lost my job and can’t even afford to pay the $58 per month. If I call the bank and tell them I can’t pay and stop paying what will happen? I will try to pay when I get a job but I don’t know when there are very few hiring in North East Pennsylvania. Since the account is closed can I just stop paying and pay my other credit card accounts that are not closed? Is there a place I can go to to consolidate all my credit cards?
Onna – Find out if you can consolidate all of your credit cards into a single lower monthly payment by calling 888-317-8770. The call is free. Be ready with all of your balance and payment info, plus the amounts on other bills (what it costs to live ie. rent, food, utilities). If you learn that you cannot consolidate, post an update comment and lets go from there.