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Skandiaavity posted:I don't get this, so by it being past the SOL, it's easier to remove? But I thought they had 7 years until they should remove it? They have to remove it after 7 years + 180 days. They can remove it whenever they want.
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Feb 23, 2011 19:56
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In that case, yeah - I will tell him to stfu and not do anything until December. Question - if he moves to another state, will that restart the SOL limitations? or do they (CA/OC) get to choose whichever is longer?
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Feb 23, 2011 21:54
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Skandiaavity posted:In that case, yeah - I will tell him to stfu and not do anything until December. I'm pretty sure the SOL is based on the state of origination. And Twinkie, I'm looking through some court cases now on the reportability of time barred debt and will get back to you. I don't have the free time I used to, which is why I don't do this as much anymore 
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Feb 23, 2011 21:57
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Skandiaavity posted:In that case, yeah - I will tell him to stfu and not do anything until December. From the Fair Debt Collection Practices Act: quote:§ 811. Legal actions by debt collectors TWiNKiE fucked around with this message at 22:14 on Feb 23, 2011 |
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Feb 23, 2011 22:09
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Anti-Hero posted:Two questions. Just wanted to quote this again as I only got one response. I was thinking for the first one to just dispute with the CRA's and roll the dice that the CA won't validate as they didn't report to Experian, does that sound reasonable? What's the best way to dispute, do it online or through the mail? For the second, I was just thinking of mailing a DVL and if they validate, offer a PFD as the amount is very small (~$260).
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Feb 23, 2011 23:24
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I was sued by capital one and filed my preliminary objections based on the contract not being attached to the complaint. Somehow a default judgment for failure to answer was entered by the prothonotary a week or so later. So then I also filed a petition to strike the default judgment. At the hearing the judge ordered the default judgment stricken and found in my favor on the preliminary objections striking the complaint as well. He gave capital one 120 days to file an amended complaint and said if they didn't i could have it dismissed with prejudice. Well, the attorney for capital one just a filed a petition to dismiss without prejudice and the dept of court records (prothonntary) has done so. Does this prevent me from having it dismissed with prejudice once the 120 days are up? Its only been like 20 days since the the court order giving them 120 days was entered. Im hoping I'll still be able to have it dismissed with prejudice so I don't ever have to worry about it again and I understand its not very difficult to have something removed from a credit report when its been dismissed with prejudice but you usually cant get it removed if dismissed without prejudice. This is in Pennsylvania. The order of court reads: Order of Court. Dated 02/04/11, Upon consideration, of Defendant's preliminary objections. It is hereby ordered that the Plaintiff's Complaint is stricken. Pltf. is granted leave to file an Amended Complaint within 120 days. If the Pltf. fails to file an Amended Complaint upon praecipe of Deft., the Dept. of Court Records, Civil Division, shall dismiss the case with prejudice. Default Judgment is stricken. By the Court: (judges signature)
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Feb 26, 2011 17:54
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So, I'm not sure if this fits to the thread at all but I thought it would be worth asking. I just checked my credit report after being denied for credit several times in the past couple years to figure out whats going on. It turns out I have $86 in medical bills to two credit agencies in my states from an accident I was in in 2006. They were both reported to my credit report in 2007 and one in 2008. I've never received any documentation or notice of these bills and have no clue how to go about getting this fixed to try and start rebuilding my credit. I don't mind paying them, I'm not looking to pick a fight over getting it removed and not paying a dime, I just want to stop getting denied for credit. Should I try and contact these companies and make sure if they even still have my debt or what? I've never dealt with much of anything like this before so I'm just sort of at a loss as to what to do next.
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Feb 27, 2011 01:45
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My girlfriend had a couple collectors send letters to an old (but valid - and she hadn't changed her address in time) address of hers well beyond 30 days ago. She'd like to clear these up. Is she best off responding by phone, or by sending certified mail to get clear payment terms? She hasn't been sued and is unlikely to be sued as the amounts are small (<$200 each), apparently things just got lost in the shuffle as she spent a few years moving frequently. Still working out if the debts are legitimate (they're old, 4-5 years from college), but she wants to pay them off if so - just trying to find the best recourse to restore her credit.
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Feb 27, 2011 04:03
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Anti-Hero posted:Just wanted to quote this again as I only got one response. I was thinking for the first one to just dispute with the CRA's and roll the dice that the CA won't validate as they didn't report to Experian, does that sound reasonable? What's the best way to dispute, do it online or through the mail? Personally, I would dispute through the mail, and use multiple reasons. If you go online or dispute a single reason, you get put in a "bucket". You say it's not yours? You're in the "not mine" bucket. CA says it's yours. So sorry. On the other hand, if you say the account balance is wrong, the account number is wrong, the dates are wrong, and the type of account is wrong, a real person has to deal with that, and the CA has to validate all of it. There's no way to do that online. As for the DV / PFD, that's probably what I would do. Daedalus101 posted:I was sued by capital one... Make an account at Creditboards, and ask in the "Help, I'm Being Sued!" forum, unless someone else has experience with that kind of situation here. Opals25 posted:So, I'm not sure if this fits to the thread at all but I thought it would be worth asking. I'd send them both unknown debt letters. Basically a DV that starts out with "While reviewing my credit report, I noticed your company entered an item with Account #<acct> for an alleged debt in the amount of $<last reported amount>. As you are one of two companies reporting this same alleged debt, please validate..." <include standard text, and reiterate the need for them to prove they have a right to collect>. Shooting Blanks posted:My girlfriend had a couple collectors send letters to an old (but valid - and she hadn't changed her address in time) address of hers well beyond 30 days ago. She'd like to clear these up. Is she best off responding by phone, or by sending certified mail to get clear payment terms? Since they're all beyond the 30-day dunning period, you don't necessarily need to pay for the return receipt, so you don't need to pay tons of money to get the initial letters out. But, I'd probably send one to anybody who is outside of the SOL, or who wants money that's probably not worth suing over. Keep in mind though, there's no magic number that pulls a lawsuit trigger universally. I've been sued over $250, and I've waited $3,700 to the SOL.
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Feb 28, 2011 17:13
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Cliff notes: Months ago, debt collector contacted my roommate. Roommate owed $400 on a joint credit card with his parent from four years ago (Ohio's SoL is 10, I think). Parent is passed away. Debt collectors ask for $1700. Roommate follows up with verification, gets a couple of photocopied statements back. Roommate asks for contract. Debt collector sends court summons. Roommate answers summons, his whole defense hinging on the fact that A) the debt collector refuses to show the calculations of how he owes $1700 and B) the debt collector has no contract to demonstrate his obligation to the debt. Anyway, he's 90% sure the debt collector doesn't have the original contract and is just trying to scare him into losing a default judgement, but now they have sent this packet in the mail called "Request for Admissions and Request for Documents." Basically, it looks a lot like a summons, and apparently the court signed off on it, but it is a large packet, about 15 questions long, asking things like "DID YOU OR DID YOU NOT HAVE CREDIT CARD NUMBER XXXXXXX5678?" (he does not know because his dead parent had the credit card) "DID YOU RECEIVE STATEMENTS UP THROUGH 2009 REGARDING THIS ACCOUNT?" (he did not, he became homeless after his parent died without a permanent residence until 2010.) Basically, the whole packet just seems to be entrapment, looking for him to admit that he owns the card and owns the debt, so, is there any danger in just writing "DENY" for every field? I mean, unless the debt collector can prove it, there's no reason for him to openly admit anything.
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Feb 28, 2011 22:41
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He needs to answer all the questions truthfully. A request for admissions is a part of the process called 'discovery', where both sides give each other information in order to clarify what the lawsuit is about and work to a settlement. If he lies, then the court can sanction him, which is very bad. Edit: He should probably get some legal aid at this point. Dealing with formal discovery is a difficult process if you don't know the rules, and if you gently caress up, the consequences can be very bad. Konstantin fucked around with this message at 23:15 on Feb 28, 2011 |
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Feb 28, 2011 23:09
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Doctor Claw posted:Cliff notes: Keep in mind that I'm not a lawyer, and I'm not dispensing legal advice here. As a layperson, I wouldn't lie on a form like that. And by the same token, if someone said "Did you or did you not have a credit card number XXXX XXXX XXXX 1234?", I would have to answer with "At this time I am not able to answer this question with certainty, but may be able to at a future date if Plaintiff is able to produce evidence of the same as requested in <DV letter / your discovery request to them>." You know in courtroom dramas (or real televised trials) where the person on the stand doesn't plead the fifth, but starts going in to "I have no recollection of that."? It's not always because people are really forgetful. There's a huge difference between "no / not mine" and "I don't think so / maybe, maybe not". And everything Konstantin said.
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Feb 28, 2011 23:20
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EDIT: I should really learn to read the OP more thoroughly. To make up for my idiocy and contribute to the thread, I found a lot of nice template forms at http://www.debtconsolidationcare.com/letters/ , and you can find statute of limitations info for most, if not all, states at http://credit.about.com/od/statuteoflimitations/a/entirestatesol.htm Devil Bird Thing fucked around with this message at 06:28 on Mar 2, 2011 |
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Mar 2, 2011 06:14
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Once I send a letter disputing the debt, when does the 30 days start, requiring the debt collection agency to provide proof of my debt? I guess I should also tell my debt collection story too. Today I got a letter in the mail from a Debt Collector, called CBCS, stating I owe them $1015 but they will settle for $659. It's for a medical bill (I was living in WA at the time) that my insurance was suppose to pay in full and I have proof of that from October, 2008. I am living in Arizona currently. I made the mistake of talking to them tonight when they called me. The lady over the phone wanted me to pay over the phone but I said that first I want to dispute the charge and have proof of the debt. She said that it would take over a month. What does that mean? Should I still send them a letter? I assume she is lying to me. I am going to write up a letter to dispute the debt of course and send it off tomorrow. [edit] Forgot to mention where I was living in 2008 (WA) and where I am living now (AZ) in case that matters. Also, i've never owned a credit card so as far as I know I don't have credit. How will this play into that? Assuming I do have to pay it. I said come in! fucked around with this message at 02:23 on Mar 4, 2011 |
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Mar 4, 2011 00:52
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I said come in! posted:Once I send a letter disputing the debt, when does the 30 days start, requiring the debt collection agency to provide proof of my debt? quote:I guess I should also tell my debt collection story too. Today I got a letter in the mail from a Debt Collector, called CBCS, stating I owe them $1015 but they will settle for $659. It's for a medical bill (I was living in WA at the time) that my insurance was suppose to pay in full and I have proof of that from October, 2008. I am living in Arizona currently. quote:I made the mistake of talking to them tonight when they called me. The lady over the phone wanted me to pay over the phone but I said that first I want to dispute the charge and have proof of the debt. She said that it would take over a month. What does that mean? Should I still send them a letter? I assume she is lying to me. I am going to write up a letter to dispute the debt of course and send it off tomorrow. Send them the validation letter. quote:Forgot to mention where I was living in 2008 (WA) and where I am living now (AZ) in case that matters. If you have no credit other than a negative entry, that's going to seriously suck.
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Mar 4, 2011 06:05
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TWiNKiE posted:If you have no credit other than a negative entry, that's going to seriously suck. poo poo, that is what I was really afraid of. Thanks! Wish me luck, i'm gonna really need it. I have a feeling though i'm hosed. I guess there is no point in stressing out about it though for now. I'll send the letter tomorrow and then it's just a matter of keeping my fingers crossed that they don't come back with anything. I'll keep you updated.
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Mar 4, 2011 06:10
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My parents are saying they are willing to pay for the debt, would it be possible to transfer it over to their name, as if they were the ones that the collection was going after originally? So it won't hurt my credit.
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Mar 4, 2011 06:14
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I said come in! posted:My parents are saying they are willing to pay for the debt, would it be possible to transfer it over to their name, as if they were the ones that the collection was going after originally? So it won't hurt my credit. It's your debt, go the insurance route first to see if that covers it. If not, do the pay for delete route with your parents money and it'll be removed from your credit report. Don't give your parents a black mark on their credit report (I don't think you can do this anyway).
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Mar 4, 2011 15:26
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I said come in! posted:My parents are saying they are willing to pay for the debt, would it be possible to transfer it over to their name, as if they were the ones that the collection was going after originally? So it won't hurt my credit. Part of the reason you demand validation is to make the CA prove that you owe the debt. If it's supposed to be in your parents' name, that should come up in the validation. That doesn't mean you need to offer that information up though. Make the CA work for it.
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Mar 4, 2011 15:49
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TWiNKiE posted:I wouldn't really go that route. This is a good point. I got my letters and everything printed out to send off, demanding validation. Thank you for your help so far, over PMs too! I really appreciate it. I was freaking out about this last night. This morning I woke up early, a bit more calm and decided to look up my credit report, this debt is not on there. I also did some digging into CBCS and found a lot of dirt on them. This is just one of the links I discovered; http://www.mv.com/ipusers/mcgath/cbcs.html There is a lot more too if you Google this companies name. They are very shady.
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Mar 4, 2011 16:10
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I said come in! posted:This is a good point. I got my letters and everything printed out to send off, demanding validation. Thank you for your help so far, over PMs too! I really appreciate it. I was freaking out about this last night. This morning I woke up early, a bit more calm and decided to look up my credit report, this debt is not on there. I also did some digging into CBCS and found a lot of dirt on them. This is just one of the links I discovered; http://www.mv.com/ipusers/mcgath/cbcs.html There is a lot more too if you Google this companies name. They are very shady. If you have good things on your report, they'll help offset bad ones. If all you have is a negative, you're basically not going to get a credit card that isn't secured. Since you don't have much credit built, be practical. You're not going to get approved for an Amex Blue card, but you probably could get a Walmart / Target / Sears card, maybe a Credit Union Visa / Mastercard, probably a Hooters Mastercard or an iTunes Visa with low limits. One negative isn't going to kill you if you have other tradelines open. Edit: Even if you don't need or want the cards, you do (or will) need the credit history. Use a card to buy something cheap (a pack of gum, etc.) every other month, pay it off, and don't carry it with you if you're concerned about getting in to debt.
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Mar 4, 2011 18:30
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Does anyone here know anything about laws regarding government collections (for judgement rendered uncontested) in Quebec?
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Mar 5, 2011 20:47
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Can someone post that really great pay for deletion letter that used to circulate in this thread? I can't seem to find it.
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Mar 8, 2011 00:32
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Also: About 4 months ago I filed a vacation of judgment with the city court on grounds that I was not properly served. The vacation of judgment was granted, but when I look up the case in public records, it appears as a post disposition, instead of a normal disposition. The status of the motion to vacate is: Granted - Index Disposed before Judge: Honorable Gary F. Stiglmeier. There is a future court appearance for July of 2011 listed with the purpose type of "conversion" not really sure what that means. Either way, can I just call the attorney representing my creditor and tell them that the judgment was vacated and offer them a settlement or something? I really don't want this poo poo on my credit report and I have the cash to pay it off, I just want to make sure I'm going through proper channels.
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Mar 8, 2011 00:40
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Ok, so I sent a Letter of Debt Validation to a company which contained a cease & desist of contact. It was received this morning at 11:21 am, and they proceeded to call four times this afternoon. They usually only call once to twice a day, and this was the standard pre-recorded "call us back" message, not something new. Not that any of that means anything, but the guy I just talked to at the agency got real nervous and defensive when I started talking FDCPA and told him I was already aware the letter had been signed for at 11:21. It was nice to finally have a bit of power when talking to them.
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Mar 8, 2011 02:21
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TWiNKiE posted:They have less inclination to fight if it's past the SOL. By doing a PFD beyond the SOL, they (grudgingly) take the view that they're lucky to get anything because... well, they are. So, they can take what you're offering in exchange for a few keystrokes on their part, or they can spend time and money calling or sending letters to try to get more money on a debt they know you know they can't sue for. I'm not following -- why would you ever offer to pay after the statute of limitations has tolled? You're only going to run the risk of extending the SOL or revalidating the debt. Also, they CAN sue you for the debt. They just cannot enforce the lawsuit as you have a valid defense that the statute of limitations has tolled. That's a major difference from "you cannot be sued in the first place". Leif. fucked around with this message at 07:36 on Mar 8, 2011 |
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Mar 8, 2011 07:31
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SWATJester posted:I'm not following -- why would you ever offer to pay after the statute of limitations has tolled? You're only going to run the risk of extending the SOL or revalidating the debt. The JDB can keep that on your report for another three years, and has little incentive not to. By sending a PFD, you give them some incentive. I've said it several times before, but to reiterate the context there, I would never affirm a debt when doing a PFD, unless it's something ridiculously large and within the SOL. So, sending a letter that says "I'm sure this is a mistake. I don't think that's my debt. Would you take $20 to go away?" precludes tolling. You're not acknowledging that the debt's yours, and you're not making an unconditional promise to pay the full amount. quote:Also, they CAN sue you for the debt. They just cannot enforce the lawsuit as you have a valid defense that the statute of limitations has tolled. That's a major difference from "you cannot be sued in the first place". I can sue you for whatever reason I dream up. It doesn't mean I'm going to win.
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Mar 8, 2011 09:42
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I recently pulled my credit report and it would appear that a hospital in Maine seems to think I owe them a little over $4,000 and sold that debt to a collection agency about 3 months ago. This is all fine and dandy except I have never been to Maine. Let me see if I get this straight: 1. Send the debt collection agency a request for validation of the debt? 2. I assume they have to provide me with a bill with my signature on for it to be valid, correct? Also, I DO have two VALID debts that I want to do a pay for delete on. They're owned by the same collection agency. Can I send them one letter making an offer for each or do I need to send two separate letters, one for each account with them? UrbanFarmer fucked around with this message at 11:22 on Mar 8, 2011 |
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Mar 8, 2011 10:53
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You didn't answer the question. Why would you revalidate an unenforceable debt that is going to be removed from your history for free in the next couple of years? And it isn't pedantic in the least. If you sued me I would be forced to defend it and that costs money. Most people in this situation don't have that kind of money nor do they know their rights. It is a major difference and frankly you shouldn't be advising people otherwise. quote:So, sending a letter that says "I'm sure this is a mistake. I don't think that's my debt. Would you take $20 to go away?" precludes tolling. You're not acknowledging that the debt's yours, and you're not making an unconditional promise to pay the full amount. Uh it doesn't ncessarily work like that legally, not in my jurisdiction. Where are you getting this from or are you just making this all up? Leif. fucked around with this message at 13:41 on Mar 8, 2011 |
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Mar 8, 2011 13:35
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SWATJester posted:Uh it doesn't ncessarily work like that legally, not in my jurisdiction. Where are you getting this from or are you just making this all up? I think when he said that "sending a letter precludes tolling" what he really meant was that "sending a letter after the SoL has expired does not re-extend the SoL," but I'm not so sure this is true. If the SoL had expired on debt, I would never speak of it again. Without taking time out of my day to do research over the issue, my inclination is that offering to pay for delete in some jurisdictions and in some circumstances might "re-open" the statute of limitations or constitute waiver of the SoL's expiration.
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Mar 8, 2011 14:00
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SWATJester posted:You didn't answer the question. Why would you revalidate an unenforceable debt that is going to be removed from your history for free in the next couple of years? I'm suggesting that you continue to deny (or refuse to admit) liability, but offer a small amount as a gesture of goodwill to clear up a simple misunderstanding. However, the only rationale for doing something like that would be if you "needed" it off of your report sooner than the allowable reporting period. (e.g. planning for a mortgage, certain jobs) quote:And it isn't pedantic in the least. If you sued me I would be forced to defend it and that costs money. Most people in this situation don't have that kind of money nor do they know their rights. It is a major difference and frankly you shouldn't be advising people otherwise. I didn't think I was conveying "Be your own legal cowboy!" to anybody. But by the same token, crafting a response with "This is beyond the statute of limitations" as your affirmative defense isn't something that typically needs hours at the closest law library. quote:Uh it doesn't ncessarily work like that legally, not in my jurisdiction. Where are you getting this from or are you just making this all up? REVISED JUDICATURE ACT OF 1961 (EXCERPT) Act 236 of 1961 600.5807 Damages for breaches of contract; specific performance; fiduciary bonds; deeds; mortgages; surety bonds; appeal bonds; public obligations. Sec. 5807. No person may bring or maintain any action to recover damages or sums due for breach of contract, or to enforce the specific performance of any contract unless, after the claim first accrued to himself or to someone through whom he claims, he commences the action within the periods of time prescribed by this section. (1) The period of limitations on actions charging any surety on any bond of any executor, administrator, guardian is 4 years after the discharge of the executor, administrator, or guardian. (2) The period of limitations is 10 years for actions founded upon bonds of public officers. (3) The period of limitations on actions founded upon bonds executed under sections 41.80 and 41.81 of the Compiled Laws of 1948, is 2 years after the expiration of the year for which the constable was elected. (4) The period of limitations is 10 years for actions founded upon covenants in deeds and mortgages of real estate. (5) The period of limitations is 2 years for actions charging any surety for costs. (6) The period of limitations is 2 years for actions brought on bonds or recognizances given on appeal from any court in this state. (7) The period of limitations is 10 years for actions on bonds, notes, or other like instruments which are the direct or indirect obligation of, or were issued by although not the obligation of, the state of Michigan or any county, city, village, township, school district, special assessment district, or other public or quasi-public corporation in the state of Michigan. (8) The period of limitations is 6 years for all other actions to recover damages or sums due for breach of contract. REVISED JUDICATURE ACT OF 1961 (EXCERPT) Act 236 of 1961 600.5813 Other personal actions. Sec. 5813. All other personal actions shall be commenced within the period of 6 years after the claims accrue and not afterwards unless a different period is stated in the statutes. REVISED JUDICATURE ACT OF 1961 (EXCERPT) Act 236 of 1961 600.5827 Accrual of claim. Sec. 5827. Except as otherwise expressly provided, the period of limitations runs from the time the claim accrues. The claim accrues at the time provided in sections 5829 to 5838, and in cases not covered by these sections the claim accrues at the time the wrong upon which the claim is based was done regardless of the time when damage results. REVISED JUDICATURE ACT OF 1961 (EXCERPT) Act 236 of 1961 600.5831 Accrual of claim; mutual and open account current. Sec. 5831. In actions brought to recover the balance due upon a mutual and open account current, the claim accrues at the time of the last item proved in the account. REVISED JUDICATURE ACT OF 1961 (EXCERPT) Act 236 of 1961 600.5856 Tolling of statute of limitations or repose. Sec. 5856. The statutes of limitations or repose are tolled in any of the following circumstances: (a) At the time the complaint is filed, if a copy of the summons and complaint are served on the defendant within the time set forth in the supreme court rules. (b) At the time jurisdiction over the defendant is otherwise acquired. (c) At the time notice is given in compliance with the applicable notice period under section 2912b, if during that period a claim would be barred by the statute of limitations or repose; but in this case, the statute is tolled not longer than the number of days equal to the number of days remaining in the applicable notice period after the date notice is given. REVISED JUDICATURE ACT OF 1961 (EXCERPT) Act 236 of 1961 600.5866 Revival of barred claim; written acknowledgment of obligor. Sec. 5866. Express or implied contracts which have been barred by the running of the period of limitation shall be revived by the acknowledgment or promise of the party to be charged. But no acknowledgment or promise shall be recognized as effective to bar the running of the period of limitations or revive the claim unless the acknowledgment is made by or the promise is contained in some writing signed by the party to be charged by the action.
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Mar 8, 2011 17:43
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SWATJester posted:You didn't answer the question. Why would you revalidate an unenforceable debt that is going to be removed from your history for free in the next couple of years? If you've been following the thread you can see he's been providing useful information. If you think anyone here is making up poo poo just for shits and giggles then maybe you should, I dunno, not take their advice. I think it's been made pretty clear that nobody here is offering legal advice that you should take to court with you without questioning it. Don't be a dumbass and take anyone's word here for gold. There are several message board communities out there regarding credit repair and every single one of them emphasizes reading the FDCPA, FCRA and FCBA state laws. Try using Credit Boards as another resource. kstatix fucked around with this message at 18:55 on Mar 8, 2011 |
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Mar 8, 2011 18:31
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UrbanFarmer posted:I recently pulled my credit report and it would appear that a hospital in Maine seems to think I owe them a little over $4,000 and sold that debt to a collection agency about 3 months ago. This is all fine and dandy except I have never been to Maine. Let me see if I get this straight: In the validation, ask for a list of services rendered, the cost of services, and where the services were rendered. If you can prove that you were somewhere else at the time, that's a pretty decent foundation for your response. quote:2. I assume they have to provide me with a bill with my signature on for it to be valid, correct? quote:Also, I DO have two VALID debts that I want to do a pay for delete on. They're owned by the same collection agency. Can I send them one letter making an offer for each or do I need to send two separate letters, one for each account with them? Feces Starship posted:I think when he said that "sending a letter precludes tolling" what he really meant was that "sending a letter after the SoL has expired does not re-extend the SoL," but I'm not so sure this is true. If the SoL had expired on debt, I would never speak of it again. Without taking time out of my day to do research over the issue, my inclination is that offering to pay for delete in some jurisdictions and in some circumstances might "re-open" the statute of limitations or constitute waiver of the SoL's expiration.  But yeah. Sending a letter that says "this isn't mine, but I want it to go away" doesn't change the SOL under Michigan law (as posted above). kstatix posted:If you've been following the thread you can see he's been providing useful information. If you think anyone here is making up poo poo just for shits and giggles then maybe you should, I dunno, not take their advice. I think it's been made pretty clear that nobody here is offering legal advice that you should take to court with you without questioning it. It doesn't hurt to have someone say "Hey, wait a minute..." To be honest, I thought I was the "Hey, wait a minute..." to CubsWoo (no offense intended). Having any single advisory voice in a thread like this is probably apt to cause more harm than good, so I'm happy to have someone keep me in check. I'll reiterate though, I'm not a lawyer, and I'm not dispensing legal advice. My personal strategy is to play the odds, rather than hope for your day in court. If you can scare a CA in to doing what you want because it looks like you might know what you're talking about, or will defend yourself (as a nutcase who doesn't understand the law, or as a lawyer), you're already lightyears ahead of most people on debts that aren't ridiculously large. It's still a warning shot to the CA: "Are you sure the time and effort you're going to invest in going after me is worth it -- especially when I might not pay the judgement, even if you win? Or would you rather have your next visit to the court be a stack of 200 people who won't show up, won't fight back, and will be terrified by the summary judgements you're going to get as a result?" And, CreditBoards is pretty decent once you get a feel for who knows what they're talking about, and who is a nutcase. I learned tons of stuff there and still contribute to the forums from time to time. But like we've already touched on here, when my credit was trash, I was lucky enough to have a couple of lawyer friends to run the more "creative" CreditBoards ideas by, who were content to be paid in beer.
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Mar 8, 2011 19:23
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I appreciate the mature attitude you're displaying, Twinkie, because neither SWAT nor I would take any pleasure in contradicting you. But like all lawyers and law students I like to poke holes in blanket statements because I'm risk-adverse and because rare exceptions bite a lot of people. Put short - it's not personal; thanks for understanding this. Back to this issue at hand, though. TWiNKiE posted:600.5866 Revival of barred claim; written acknowledgment of obligor. The section I've quoted is the one where you might create some trouble by inquiring about the presence of the debt, especially if you offer a pay-for-delete. We'd need to look at caselaw that cited this particular provision but it is conceivable that a court could construe an information and pay-for-delete request as a per se acknowledgment of the debt. I'm not going to post anymore about this because to be honest I'm not willing to work for free and do the leg work to prove this (also I'm not anybody's lawyer; don't take my advice get your own research done), but I wouldn't say that it's open and shut to say that you can inquire freely about debt with an expired SoL without fearing a lawsuit.
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Mar 8, 2011 21:24
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Update on my debt collector situation. They received my certified mail today. So that means they have until April 8th to provide proof of the debt I owe them?
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Mar 8, 2011 21:41
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I said come in! posted:Update on my debt collector situation. They received my certified mail today. So that means they have until April 8th to provide proof of the debt I owe them? 7th, yeah. 30 days from today. And my own questions: I'm up to a total of 10 calls in two days from two seperate CA's who have received my DV letter telling them to not contact me while gathering their info during these 30 days. How long do the CA's have to stop all calls completely from the time the letter is received? Obviously I don't expect them to receive the letter at 8:30 am and have already updated their system to stop calls by 8:31 am, but when would they be legally obligated to stop, time-wise? Also, I've sent 3 DV letters to one CA, but they have not signed for them yet. What happens in that scenario? Am I still allowed to claim that they did not respond to the letter of DV within the 30 days so I wish to have the account closed and removed? Or can they say they never received my letter and refuse (despite my proof that it was sent)? And if they can claim that, then what is to stop me from claiming I never got their initial letter and sending them a DV letter more than 30 days after they sent the initial letter?
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Mar 8, 2011 22:49
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BusinessWallet posted:Also: About 4 months ago I filed a vacation of judgment with the city court on grounds that I was not properly served. The vacation of judgment was granted, but when I look up the case in public records, it appears as a post disposition, instead of a normal disposition. The status of the motion to vacate is: Granted - Index Disposed before Judge: Honorable Gary F. Stiglmeier. There is a future court appearance for July of 2011 listed with the purpose type of "conversion" not really sure what that means. Either way, can I just call the attorney representing my creditor and tell them that the judgment was vacated and offer them a settlement or something? I really don't want this poo poo on my credit report and I have the cash to pay it off, I just want to make sure I'm going through proper channels. Anyone on this?
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Mar 8, 2011 22:58
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Feces Starship posted:I appreciate the mature attitude you're displaying, Twinkie, because neither SWAT nor I would take any pleasure in contradicting you. But like all lawyers and law students I like to poke holes in blanket statements because I'm risk-adverse and because rare exceptions bite a lot of people. Put short - it's not personal; thanks for understanding this. Right. This, and I wasn't just calling Twinkie out, just asking for sources to back it up since it didn't match with my understanding of the law in a field that I admittedly do not practice in (or at least not very often).
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Mar 8, 2011 23:09
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Feces Starship posted:The section I've quoted is the one where you might create some trouble by inquiring about the presence of the debt, especially if you offer a pay-for-delete. We'd need to look at caselaw that cited this particular provision but it is conceivable that a court could construe an information and pay-for-delete request as a per se acknowledgment of the debt. (emphasis mine) quote:III. Revival of Claims Under M.C.L. § 600.5866; MSA 27A.5866 So, I would hold that saying "This isn't mine, I'm not saying it's mine, but I'll give you $20 to leave me alone" falls quite short of "an unqualified and direct admission..." or that such a statement would not be considered an accompanying "circumstance or declaration...". I said come in! posted:Update on my debt collector situation. They received my certified mail today. So that means they have until April 8th to provide proof of the debt I owe them? Zen Dudeism posted:I'm up to a total of 10 calls in two days from two seperate CA's who have received my DV letter telling them to not contact me while gathering their info during these 30 days. quote:Also, I've sent 3 DV letters to one CA, but they have not signed for them yet. What happens in that scenario? quote:Am I still allowed to claim that they did not respond to the letter of DV within the 30 days so I wish to have the account closed and removed? quote:Or can they say they never received my letter and refuse (despite my proof that it was sent)? And if they can claim that, then what is to stop me from claiming I never got their initial letter and sending them a DV letter more than 30 days after they sent the initial letter? In court, they'd likely have to explain to a judge why they wouldn't sign for the letter you tried to send them. And, that's probably not going to look very good. BusinessWallet posted:Anyone on this? TWiNKiE fucked around with this message at 00:23 on Mar 9, 2011 |
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Mar 9, 2011 00:20
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VA: I was a member of a gym that was in my apartment. I was on contract, and I was autobilled during the time I was a member. I cancelled in-person when I moved, or so I thought. On Friday, I received a phonecall from a collections agency saying that I owed them something along the lines of $500 for my membership. I explained that I paid the cancellation in person. The collections agent responded that per my contract in order to cancel, I needed to have sent a check by certified mail. I told her to mail me, and that I'd look for the letter and cancelled check. This weekend, I looked, but apparently I never sent the letter. Instead, on August 18, 2009, I went with my wife to cancel in-person, and was told there was a $50 cancellation fee, which we paid by credit card. We continued to be billed the next two billing cycles: we paid the last cycle on October 5, 2009 (just pulled the billing statements online). At this point, I'd like for this to go away without dealing with credit reporting, obviously. I'd also like to not give them $500. How can I make them gently caress off, or, at the very least, sue me before they report to credit agencies? Should I threaten a countersuit for the two months that I was charged post-cancellation? Should I contact BBB or alternatively my state AG? From what I remember of Contracts in law school, I'm fairly sure that when the manager took my money to cancel in-store, that that served as a modification of the contract as the manager clearly has apparent authority to act on behalf of the company, given that the manager is the one that does the sign-up contract in the first place, so I think I'd win on the "do I owe them money" question. Assuming I never cancelled and that I'm still under contract today, I'd owe roughly $2516 as of today. What are my steps from here?
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Mar 9, 2011 00:34
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