Question:
Dear Steve,
I live in Ct. I opened a credit card account here. I had a medical emergency and defaulted on the loan. The last payment received was on 10/05/11. The loan was charged off by the Banking Entity Headquartered in Delaware and purchased on by a Debt Buyer/collection agency headquartered in NY. The Bill of Sale (attached) states that the seller and buyer are bound by the laws of the state of Delaware. Delaware statute of limitations on debt collection is 3 years. The Collector did not attempt to collect the Debt until 05-31-16, 4.5 years after the last payment was made. They filed a “Complaint” for Breach of Contract in Court on 05/31/16. Although I did answer the Complaint and did fight the case in court, they won the case.
I am currently appealing the decision in Appellate Court.
New York Courts have upheld the 3 yr. Delaware statute even though NY has a 6 yr. statute of limitations they recognized Delaware’s statute and the Bill of Sale of the Portfolio.
A second issue is the fact that the Bill of Sale only refers in the most general terms to a portfolio of charged of debts and does not specifically state the specific debt in question.
All of these points and more were brought up in court yet the judge choose to not accept the arguments.
Robert
Answer:
Dear Robert,
I don’t even need to look for my shocked face for the lack of a positive opinion by the judge. I’ve seen this same thing happen over and over.
I am absolutely not a lawyer. You should seek the advice of a competent attorney who is licensed in Connecticut. One place to look for a debt collection attorney who can represent consumers is using this link.
Just because a court does not rule in your favor it does not mean your points aren’t valid. Courts do crazy things at times.
It appears you raised a good case regarding the Statute of Limitations and I have no idea why the court didn’t rule in your favor.
Get professional help and win this.
You are not alone. I'm here to help. There is no need to suffer in silence. We can get through this. Tomorrow can be better than today. Don't give up.
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