Update on cc issue and ?

**steelergal** · 11-01-2007, 10:14 AM

Yesterday we received a letter from the cc companies attorneys that are planning to appeal the judgement my hubby received in his favor. On their paper they sent us they have the "supposive" last day of activity (which by coincidence is about a week later than the original filing date of the claim- which would of been 4 years- on the side note- I believe that in my state the statues of limitations for credit cards is 4 years). Wel1- now it is crunch time! We are both positive that the last activity was 6 months prior- right before we both got laid off of work unexpectantly- of course I can't seem to find any of our paperwork to back our claim up. I have not found a single credit card statement and I previously found 2 bank statements- one with our last payment on the credit card and the next one was the first month we did not pay.

So my question is- is there a way we can have positive proof of what all of our credit card history is? Should we try to retain a lawyer (which we really don't have the money for) and have them work their magic to get the evidence from the original credit card company. If we can't retain a lawyer what things should my hubby take with him to court?

Sorry for all the questions right now- I was hoping someone already went through this and has an idea!

**Dancing Lotus** · 11-01-2007, 10:32 AM

HUMMMM, no advice here. It must be a pretty big amount of money for them to appeal. I wish you nothing but good luck.

**Jaded** · 11-01-2007, 02:03 PM

I agree that it must be a huge amount for them to appeal. I'd just take all the statements you had, and make them produce all their evidence. "Last activity" doesn't necessarily mean the last time you paid, it could be the last time you charged anything. How long were you not paying before you told them to close the account, or did you tell them to close the account? If you never told them to close the account, they may be saying it's still open, just unpaid.

**steelergal** · 11-01-2007, 03:02 PM

Honestly- it is under $1700- so in reality it does not seem like a whole lot of money (although it is not money that we have on hand). I don't think that my husband ever truly closed the account (I think it was written as a charge off in his credit report) but I am positive that he did not make any transactions when they are claiming he did.

I am curious if I should just have him call them and prove what his activities were.

**vverkin925** · 11-01-2007, 03:55 PM

steelergal - Have you tried contacting a Consumer Credit Counseling service? They offer free counseling regarding debt. It's a non-profit organization. We used them about 15 years ago and it was very helpful. They have an 800 number. It might not hurt to give them a call and see if you can get some advice from people who really know about this stuff?!?!? You wouldn't be out anything for the call anyway.

I don't really know that much about it because DH was the one handling all that stuff when we used them but it might be worth a call. Try googling to see if there is one specifically in your area or state. If you just want to take a look at one, the link for the Florida offices is . . .

http://www.cccscfl.com/default.asp

I wish you well!!! And always remember, these are NOT the things that define who we are. It seems when the phone calls are coming and the mail box is a scary place to go we sometimes feel "less". I don't know your faith but when you get to heaven the Lord will not ask "Did you pay all your bills on time?" He will ask "Where you honorable in all your dealings and did you love your brother and sisters?"

Leigh

**PB&J** · 11-01-2007, 04:23 PM

The burden of proof is on them now. They will have to PROOVE that there was activity on the card, a payment I assume, so if you didn't, I wouldn't think it would be possible for them to proove that.