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If this does not rectify the situation, find a lawyer and sue

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Morningstar

Morningstar

Joined: 17 Apr 2007
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Posts: 576



11 Magic Points

 
Posted on Sat Mar 15, 2008 6:40 am  

I would guess that they have illegally re-written the date of delinquency. Send the CA a DV letter, and dispute the entry with the credit bureaus as obsolete. If this does not rectify the situation, find a lawyer and sue.

Quote:
Carol, I'm sure my debt is past SOL so how can they sue. I was told (by an atty. handling a different matter) that once it passes SOL they no longer have the right to sue


SOL is a defense you (or your attorney) must raise. If you are sued but fail to assert this affirmative defense, you will probably wind up with a judgment against you.
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goodnatured



Joined: 03 Nov 2007
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541 Magic Points

 
Posted on Sat Mar 15, 2008 11:50 am  

The option to sue is always there, I have one that waited until just before the sol ran out and we are eventually going for an arbitration it was supposed to be in January and I have not heard anything yet.

Fireyone,
how many accounts do you have in this situation? Are they offering you any type of break? If they are and you are willing to take a settlement offer, you can do a payment plan that will work for you and get rid of it. They will try to collect the account 20 years from now, the collection activity has the potential to always be there, especially now that junk debt buying has become a huge industry, if you have the resources and can work out a payment plan with them, I would take the opportunity to pay it off and get rid of it. Or you can dodge collection efforts for the rest of your life, as far as suing, it all depends on the company, mine were all in sol, two chose to sue, three worked with me, one of the two that chose to sue worked with me after the summons and we never went to court. So they all handle things differently, if they are going to sue, it will be JUST before the sol runs out, that was the experience that I have had anyway.
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fireyone



Joined: 26 Feb 2008
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132 Magic Points

 
Posted on Sun Mar 16, 2008 2:02 pm  

Goodnature, I have only two debts like this. The one I tried to work with years ago and got absolutely no where. They were just soo ignorant and mean. Once a year they send something along the lines of settlement but they only give you like 1 month to take the offer. It is never the right time of year being right after Christmas and when I am not qorking. Finacially right now I am in a pretty awful situation with just scraping by due to health reasons. They arose midsummer last year and have pretty much put a big dent in my income. Hoping to resolve the problem this year and work on paying off the couple big debts I have accumulated from this misfortune.
goodnatured



Joined: 03 Nov 2007
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541 Magic Points

 
Posted on Sun Mar 23, 2008 12:53 am  

Hopefully you will get all straightened out soon and things will start looking up for you, hope your health improves. Better days a head sooner or later. Very Happy Very Happy Very Happy Very Happy Very Happy Very Happy Very Happy Very Happy Very Happy Very Happy Very Happy Very Happy Very Happy
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sdchargers_63

sdchargers_63

Joined: 13 Aug 2007
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Posts: 1883



1916 Magic Points

Subject: debt
 
Posted on Sun Mar 23, 2008 6:50 pm  

I know thngs can get overwheleming..take it from me!1 The only thing you CAN do is take things' one day at a time.' I;ve said that, on a FEW threads. Everyday is a "new day." Take one 'ITEM' (on your CR..( at a time. if you think about ALL of it (at the same time..) it can drive you crazy. Hope this calms you down, a bit, FIREYONE. God Bless.
schnuckibearsmum



Joined: 23 Mar 2008
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Posts: 11



439 Magic Points

 
Posted on Sun Mar 23, 2008 8:38 pm  

2sdchargers_63 how do you mean this? what do you do with that and the other things?? Sorry but I missed the line I think!!
fireyone



Joined: 26 Feb 2008
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132 Magic Points

 
Posted on Mon Mar 24, 2008 1:47 am  

Thanks guys your support is encouraging.
sdchargers_63

sdchargers_63

Joined: 13 Aug 2007
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1916 Magic Points

Subject: debt
 
Posted on Mon Mar 24, 2008 10:01 am  

This is how I was TRYING to come across.......'SCNUCK'..... 'we' have SOO many things we worry about. For example: If someone has ALOT of overdue accounts ( credit cards, medical bills,etc.) on their CR's, 'we' seem to PANIC (which, of course, is natural). I know people, with bad credit want to 'fix' tyheir credit and bring up their scores overnight,,shall we say. Well.......if you try to look at the 'WHOLE" picture, it can get reaslly overwhelming!! Trust me, I know!! But, if you take the debts and 'break them down' (look at each one 'individually'..) and work on the 'smallest' debt first. Try to save and pay off the 'smallest one', then the 'next smallest', etc. ONE DEBT at a time..ONE day at a time. At times, I know it seems like we're in such a 'cycle', that we feel like we can't do ANYTHING for ourselves...and we feel useless to ourselves. "Rome wasn't built in a day", and our credit can't be fixed in a day, either. Hope this explaination clarifies my point abit better.
goodnatured



Joined: 03 Nov 2007
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541 Magic Points

 
Posted on Mon Mar 24, 2008 10:48 am  

I agree with sdchargers, I think you can only handle what you can handle, so there is no need to get all upset about the things that you can not control, if you can concentrate on one, then you have an awesome start and you were better than you were yesterday when you could take care of none. eventually, through time you would have them all tackled, one by one.
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fireyone



Joined: 26 Feb 2008
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Posts: 4246



132 Magic Points

 
Posted on Mon Mar 24, 2008 5:47 pm  

Sometimes when there are too many wolves at the door it can make you feel like Rome should've had been built..like yesterday!!! I myself am going to leave all the medical bills for last..continue to pay the minimum...they have no interest. I've got three major ones myself and then the medical..All are current except the monster from 5 years past. We will all get there. We may not be perfect but makes us damn close.
goodnatured



Joined: 03 Nov 2007
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Posts: 3931



541 Magic Points

 
Posted on Mon Mar 24, 2008 11:30 pm  

I just got a letter in the mail today from one that I do believe was taken care of, I am not going to deal with this after a long day at work, I need to do something with it just not tonight.
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fireyone



Joined: 26 Feb 2008
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132 Magic Points

 
Posted on Mon Mar 24, 2008 11:39 pm  

See Goodnatured that is exactly what I was dreading. If you take care of a collection and they still harass you. Thats why I keep pondering if I want to even contact my CA and take care of it. At least now I am in the SOL. If I pay or start payment I just took out my only line of defense. I have read sooo many nightmare stories about these people. I hope it is one you took care of and that with proper proof you can tell them where to stick it.
goodnatured



Joined: 03 Nov 2007
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541 Magic Points

 
Posted on Tue Mar 25, 2008 1:27 am  

Even if it isn't I am not gonna sweat it, I will deal with it, when I look on my credit report it was only for $356, so I could probably settle it for a whole lot less, I may have already taken care of it, but I am not going near that filing cabinet tonight. I am actually thinking about a cease and desist, because if I did not take care of it, it is well past the statute of limitations. We will see, I will get more into it one evening this week.
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Goodnatured,
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fireyone



Joined: 26 Feb 2008
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Posts: 4246



132 Magic Points

 
Posted on Wed Mar 26, 2008 12:39 am  

I thought of sending one of mine a cease and desist. haven't actually got the guts to do it yet. If the SOL starts at 30 days late then I am definately in them as of last Dec. They called once here at my new number and asked me what I planned on doing with it. I said "nothing" and humg up. Knock on wood but they haven't called back but then again I don't pick up unknown name anymore or weird numbers. I had party's who block there number excluded from calling in but I guess it doesn't pertain to "unknown's".
goodnatured



Joined: 03 Nov 2007
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Posts: 3931



541 Magic Points

 
Posted on Wed Mar 26, 2008 11:16 am  

You really need to get their address and send them a cease and desist letter, that way they will stop the collection effort, you need to explain in the letter that the debt is out of the statute of limitations, they will keep hounding until you do this. If they persist after the letter is recieved then they violate federal fair debt collection act and you have them by the tail.
send the letter certified, return reciept requested so that you have a signature that someone at their company signed for it.
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