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Do you live or were any of the charges on which the debt is based incurred in DE?Customer :No debt in Delaware all in Indiana, i live in Hamilton County, Carmel, IN. I saw that the statute of limitations of the state where the credit card issuer is based, rather than where i live may be correct statute of limitations to apply, since they are incorporated in delaware, can they claim damages? In Indiana, SOL is 6 yearsDwayne B. :No, DE's statute of limitations won't help you since they sued you in another state. It is the statute of limitations of the state where the lawsuit is back that controls.In Indiana the statute of limitations is going to be six years at the shortest.And that is six years from the date of the last payment.Customer :From your standpoint, do i have any recourse other than contacting them to set up a payment plan? i thought because this was unsecured debit, and HSBC wrote off the debt, and that we did have a tentative plan back 2 years ago to minimize the debt that i had a change to not pay the entire amountDwayne B. :Let me make a suggestion first, there is a book on fighting a debt collector that you might want to consider at http://www.lessonsinlaw.com/the-guerrilla-guides-to-the-law/It is inexpensive, easy to understand, and has a lot of good info.Customer :Should i review this now or look at it later?Dwayne B. :Even though they wrote the debt off that is just an accounting tool and doesn't mean they can't sell the debt or still try to collect.Customer :ok i will review the link you sent, what should be my next step? i don't have a lot of time to reply to the complaintDwayne B. :You probably want to buy it and read over it in the next few days It's pretty succinct but it will take you a couple of days to read and then go back and reread it.Customer :Do i have to reply to each item with a deny?Dwayne B. :Let me see if I can find you a link to the Answer form you need to file.IN has a forms website at http://www.in.gov/judiciary/selfservice/2333.htmIt has a lot of good info on it but I don't see an Answer there.Customer :After i reply with a deny, then a hearing is set i take it? at that time, i present my case and their attorney their"s? or would it be less expensive to just contact the plantiff's attorney and try to work out a deal or will theny just let the court decideDwayne B. :What I'd suggest is going to the clerk of court where you were filed and asking to look through a file where an answer was filed by an attorney.You can try and work out a deal just to see what they will say but don't sign or tell them anything that admits that you owe the debt until you have a settlement reached.As that book will point out the way you beat these kinds of lawsuits is because the debt collector companies rarely have the paperwork to prove that you actually owe the debt.However, even if you are going to try and resolve it you may want to go ahead and get that book on fighting it and then the one on discovery as well.Customer :Ok that will be in court? Thanks for the help, i will get into it now.Dwayne B. :What I'd suggest is purchase and download that book, go to the clerk of courts and get that form.Then you can start reading the book and prepare your answer and that will buy you a little time to negotiate a settlement.Customer :how do i negotiate with the attorney's office if i don't say i am acknowledging the debt?Dwayne B. :You can also do discovery to see what documents they have.You can tell them you don't want to mess with it and would be willing to pay a little just to get rid of it.Customer :ok i will exit now and look to see what the links have for me to use. aahh thanks for thatHave a good dayDwayne B. :The lawyers on these cases take these on a small fee basis because most people don't reply to the lawsuit.So any extra time you make them take will make them more inclined to settle.Customer :then the court just decides for the plaintiff, that is what i thoughtbye for nowDwayne B. :Many if not most of the time if you fight them they can't prove their case because they don't have the paperwork.Customer :kool
I have received an extension from the court until Oct 30 to answer the complaint. I found where was replied back to HSBC in August 2011 to reduce our balance by $832.18 (50%). We sent the form (I have a copy filled out) and a check for the amount of $832.18 by the cut off date (i have a copy of the check we sent as well). the check was never cashed according to our statement. My wife thinks she sent the envelope certified but can't locate the receipt.
i can't find the Indiana form i need to reply with on the site you mentioned, only if i was filing not if i am a defendant. pls help locate this and send me a link.
i assume i need to reply one by one point on the complaint. i will just say i do not owe the $1749.87 since HSCB offered to settle for less. Do i send them a copy of the evidence? do i need to file these copies to the court to be submitted into evidence (like marked exhibits?)
my wife also has noted on the copy that states she called HSBC two times to check on our payment, first said still being reviewed and the 2nd one said never received the check.
no communication after that can be found.
When I go to the clerk's office they will give me an answer for another case? Do i ask for a suit like mine for a non payment of a debit or credit card company or just any answer?
Maybe they will have the form or a link that works