I have recently moved from South Carolina to Georgia upon doing so I was served papers from Midland Funding LLC for an old credit card debt. The amount of the claim is $1207. plus court costs. I am not sure if I can use SOL as a defense. I know the SOL in Georgia is 4 years and 3 years in SC. I have lookes at my credit report and it only shows the date when Midland opened the account 12-2006. It did not show when the accounted was defaulted. I currently can not pay the amount they want. Ihave tried to work out payments with them in the past which they would not accept. Since I am not sure if the court can or will accept SOL as a defense should I try to enter a consent judgement with a payment plan? Should I respond in writing or do I go to the court house in person? I really would love to resolve this and try to regain some sannity. Please help!!! Thank you.
What is the best approach to take in resolving this credit card suit?
Did you receive an actual summons to appear, or did they (Midland) send you a letter.
If the account was first opened in 2006 then the SOL could not be used as a defense. But is this date correct. This company is a known junk debt collection agency
ref: http://www.budhibbs.com/debtcollectorpag...
Check to make sure they didn%26#039;t re-date the debt then report it to the CRA to try and collect. This is illegal in accordance with 15USC1681s-2
Check out the link I have enclosed, it will tell you how to deal with these people.
What is the best approach to take in resolving this credit card suit?
Real Time Credit Card processing
It automatically processes credit card orders and authorization is done immediately. Capturing credit card merchant services transactions over the Internet requires merchant account. Online merchant account is an account that accepts and processes the credit card payments on Internet. It%26#039;s a special account tied to a credit card processor. When the credit card is verified and approved, the customer receives immediate notification that the order is accepted and the funds are transferred from the customer%26#039;s bank account to the merchant%26#039;s account. Real time credit card processing is expensive and bit complicated to set up. It is suitable for big merchants conducting high volume of transactions that are meant to be processed instantly.
http://creditcard-guides.freehostia.com
What is the best approach to take in resolving this credit card suit?
Since you talked to Midland Funding and tried to work out a deal the SOL starts then. So I think using SOL won%26#039;t work. You really have 2 options here. You can let the Courts issue a judgement or file bankruptcy which will stop the judgement. Either one will hurt your credit.
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