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Report: #1058744

Complaint Review: Sacor Financial - Roseville California

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  • Reported By: Tony — Rosemead California
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  • Sacor Financial 1911 Douglas Blvd 85-126 Roseville, California USA

Sacor Financial A Debt that is over 10 years old that may not even be legit Roseville California

*Consumer Comment: Finding help in California

*Consumer Comment: Comments

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 Sacor is trying to make my mom who has been disabled since 2007 pay a debt that may not even be legit that is over 10 years old.  They have sent letters for her to appear in court and to provide bankstatements, any source of income etc.  My mom who has been on Disability and now on SSI clearly cannot afford such a claim.  The original debt was supposedly $11k they tacked on an additional $25k for attorney fees and interest which bring the debt to now $36K.  They also have supposedly placed a lien on her house.  Can they do this?  I read in a prior complaint that there is a statute of limitations in the state of California that after 4 years they do not hold any legal grounds to collect.  Is that correct?  Do I need an attorney or should I just send Sacor an email stating that the statute of limitations has run out a long time ago.  I'm not even sure they can provide back up for the debt. 

This report was posted on Ripoff Report on 06/12/2013 09:02 PM and is a permanent record located here: https://www.ripoffreport.com/reports/sacor-financial/roseville-california/sacor-financial-a-debt-that-is-over-10-years-old-that-may-not-even-be-legit-roseville-ca-1058744. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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#2 Consumer Comment

Finding help in California

AUTHOR: Pw - ()

POSTED: Wednesday, June 19, 2013

 I sugggest that you contact this Michael Taggart in La Mesa, CA.  He seems to have been a great help to a person here and has done a lot of research on the illegal activities of this Sacor Financial.  I, myself, ended up having to file a bankruptcy to get them off my back after 13 years.

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#1 Consumer Comment

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AUTHOR: Robert - ()

POSTED: Thursday, June 13, 2013

First of the only one who knows your specific situation is you and your mom, so this is just general things to be aware of.  If you want specific suggestions for your situation you need to consult a lawyer. 

There is a Statute of Limitiations in CA that is 4 years.  But it is not the absolute end of attempting to collect a debt as you may think.   All that is is the time period a creditor has to file a suit against a debtor.  The SOL is reset anytime there is activity on the account, such as a payment.  So even if the debt is 10 years old if she happen to make a payment 3 years ago..the SOL could get reset to the date she made the payment.  If she was originally sued and got a judgment against her, the original 4 Year SOL no longer applies, but a new SOL for the judgment comes into play.  A judgement is valid for 10 years, and at the end of the 10 years it can be renewed for another 10 year period.  So as a worst case if the debt is from 2003(for example), and they filed suit in 2006 and got a judgment they can attempt to collect on it through 2016 and if they decide to renew it..even longer.

Once a judgment is entered there is no longer a concept of verifying or "backing up" the debt, because they have a court order that says a judge has agreed that the debt is owed.

Now, if what she got was an actual summons..you are at the point that it can't be ignored.  You first need to contact the court that is listed on the summons and verify that it is a legitimate summons.  If you find out it is...show up when she is supposed to.  If by chance the letters they are sending are made to look like official court documents but when you call the courts you find that they are not..definatly contact a lawyer because there may be action you can take against them.

If this is a legitimate summons and order, you will need to do some legwork to get the original suit.  Hopefully there is some paperwork or identification that would link it back(the Clerk of the Court at the Courthouse may help you in this).  You would then have to review the original suit to see if she was even notified(served) in a valid way.  There will be a proof of Service attached to that, where if she was not served properly you may be able to get the judgment vacated and end(or at least reset) the entire process.  However, if she was served properly and just didn't show up in court the judgment may be valid..even if it was originally out of the Statute of Limitiations.

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