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I have defaulted on a loan for jewelry through Crown Diamonds, since my wife was laid off. I owe them $4500 and the last payment was in January. There "in house" collection department has been calling me, my work and all my personal references I put on the credit application. I have heard that they may attempt to sue me if I send them a C & D letter. Can they sue me if they don't know where to serve me? I have since relocated and they dont have my address, and my employer has tons of locations they do not know where I work. I would just like the calls to stop. I simply cannot afford to pay them right now. My rent and putting food on the table for the family comes first. PLEASE HELP! |
| #2
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I believe they can serve you by publication in a newspaper and there are probably other ways. It depends on what the law is in your state. Once that happens they will go to court and win by default. Then, you will have a charge off, collection account AND judgment on your credit report. Is there any way you can work out a pay for delete? Is the account still within the statute of limitations?
__________________ Chane Best Credit Repair Companies | Best Credit Monitoring Services | "No Credit" Credit Cards | "Bad Credit" Credit Cards |
| #3
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Yes still within, sol, its only a 6 mos old acct. Its with the original creditor. They will prob send it to a CA before they sue me right? The balance is $4500
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| #4
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It depends whether their in house team has lawyers that sue or what their policies are.
__________________ Chane Best Credit Repair Companies | Best Credit Monitoring Services | "No Credit" Credit Cards | "Bad Credit" Credit Cards |
| #5
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They usually hire "skip trace" firms to find you, and they are very good at it. Additionally, legal service, if you move, can be accomplished in most jurisdictions by means other than personal service. In many states, service at the address of record you have provided them is sufficient. I would not rely on the "ostrich" approach. Expiration of SOL does not bar suing you. Neither does expiration of any of the CR inclusion periods set forth in the FCRA. SOL is not a bar against legal action. It is your defense in court, and only exists if you show up in court and prove it. Creditors don't determine expiration of SOL, courts do that, upon motion by you as your defense. Your actions may be inviting legal action rather than preventing it. |
| #6
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Have you consider to return/sale the goods you purchased? At this moment the account is still with them, in a few more months they might send it to 3rd party collection agency. At that point, you can negotiate (settle) the account, while still with Crown Diamonds, it will be difficult (but not impossible) I have over 100 articles in my blog debt relief guidance dot com about how to deal with your debts. Wish you the best of luck. |
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