Best course of action for a JDB?

[mom939409]

Good Morning!

I need a bit of advice..my husband was stationed in Hawaii and I lived in Florida in 2002, I needed a car so we purchased one with myself signing as power of attorney and my mother as a co-signer. Fast forward to 2005 and the car is repo'd and then sold and we owe roughly 4200..we got one collection letter from a CA and I basically asked for proof that they owned the debt and so forth, never heard from them again..we then move to WI in 2006, and I get a call today from Oxford Law LLC..asking for both me and my husband and my mother (who lives in Florida) received a letter from them last week. I recently checked my dh cr and the car is no longer on there. So would my next step be that if I receive a letter from this ca that I just send a certifed letter politely telling them to go pound sand? My mother was a tad bit upset but I believe its four years SOL for Florida. Thank you in advance for your help!

[Robert_Nashville]

Originally Posted by mom939409

Good Morning!

I need a bit of advice..my husband was stationed in Hawaii and I lived in Florida in 2002, I needed a car so we purchased one with myself signing as power of attorney and my mother as a co-signer. Fast forward to 2005 and the car is repo'd and then sold and we owe roughly 4200..we got one collection letter from a CA and I basically asked for proof that they owned the debt and so forth, never heard from them again..we then move to WI in 2006, and I get a call today from Oxford Law LLC..asking for both me and my husband and my mother (who lives in Florida) received a letter from them last week. I recently checked my dh cr and the car is no longer on there. So would my next step be that if I receive a letter from this ca that I just send a certifed letter politely telling them to go pound sand? My mother was a tad bit upset but I believe its four years SOL for Florida. Thank you in advance for your help!

First thing I would do is gather together all the paperwork you have.

Second thing is I would check the SOL on every state you've lived in during this time for this kind of debt (often the SOL varies depending on whether there is collateral involved, signed contract, etc.).

Third thing is to start the debt validation process with this JDB/CA...they may or may not respond and they may or may not sue...if they sue it's a whole new ball game than debt validation. Bottom line is that how or if they respond will help you decide your next move.

This may well be past SOL for all states potentially involved and if it is then you should be Okay but you need to have as much info as possible including your own paperwork if you have it.

One final thought, make sure your Mother is in the loop on this - she needs to know that she shouldn't talk to these people if they contact her and she needs to keep notes of when/how they contact her (especially if it happens after you've requested validation). If they do contact her then SHE needs to request validation as well.

[Coltfan1972]

You need to know what the statute of limitation(s) are not believe what they are, before you make your next move.

[RockDaddy]

Hey There,

Recently checking your CR probably put you back on the JDB radar again.

I'm assuming that the letter that your mother received from Oxford Law, LLC, is a dunning letter, with a mini-miranda on the back of it. (it will say something to the effect of, "You have 30 Days in which to dispute this letter, otherwise you agree to owing the debt" - or similar to that.)

If so, make sure you reply asking for Debt Validation if still in SOL.

Agree with the above posters that the SOL may very well have run out. IF so, send Oxford Law LLC a Cease and Desist letter, especially if it's not on your CR. You don't want them reaging the debt at this point.

And I second and third the above advice - keep you mom in the loop and tell them *not* to speak with anyone about it. In fact, you shouldn't either, do absolutely *everything* in writing, and anything you send do CRRR.

Good Luck.

[mom939409]

The car was repo'd on 5/2005 and I moved out of Florida on 6/2005 to North Carolina to live on base until dh returned from Iraq in 2006, in November of 2006 we moved to Wisconsin where we have lived ever since. I let my mother know what was going on so she is informed and come to find out that this JDB called my husband at work. I do not have any of the original paperwork and neither does my mother. It was financed through GMAC in the beginning and this is the only second JDB we have heard from. From looking at the SOL's for the three states for written it is 5 years for FL and NC and 6 years for WI. Since I have never received any dunning letter should I just write a cease and desist letter letting know not to call on an out of statue debt?

[Robert_Nashville]

Sounds like the debt is past SOL in all states. In that case, I'd suggest all parties involved each send a cease and desist letter to the JDB. Without accepting any responsibility, the letters should note that you've been advised that this debt is past the SOL and that you'll use if as a affirmative defense should they chose to purse the matter in court.

Keep a close eye on your bureau reports.

Also, don't be surprised if this goes on for a while...these things tend to get sold and re-sold for a long time and in most states, each subsequent CA/JDB can contact you and try to get payment from you - never ignore such contact!

[mom939409]

Not sure if this is relevant..but I did find a 7/2011 credit report that did have GMAC for the car and that it would be gone in 1/2012 that is why I didn't when I pulled his cr on 2/2012

[mom939409]

Thank you all for your help..it is much appreciated!

[mom939409]

Would this be a good letter to send out?

To whom it may concern:

I am writing to you in regards to the letter/contact that was sent/made regarding account ######. This letter is to inform you that said debt is past SOL for both Federal and the state of Wisconsin. Therefore, you cease and desist any and all attempts to contact or collect on said out of statute debt, furthermore, if any attempt is made to place or "re-age" this debt on our credit reports, we will not hesitate to seek legal action against you using both Federal and Wisconsin laws.

Sincerely,

Mom939409

[RockDaddy]

Mom,

This would be my thought - That Oxford Law may have bought the debt, and may try to 'reage' the debt as 'current' on your mom, which you don't want.

To be on the safe side, find out *exactly* what the letter Oxford Law sent to your mom has on it. Ask her to check the *back* of it. If it's a dunning letter, there will definitely be a mini-miranda on there telling you that you have 30 days to dispute or that you accept (by default) that it's valid.

Send C&D letters to all parties involved citing SOL and again, as suggested before, watch the credit reports of your husband, your mom and yourself.

And yes, be prepared that this may go on for awhile. JDB's are scum.

Good Luck to you!

[BV80]

The SOL for a contract in FL is 5 years. There's something in the FL statutes about real property and 7 years. You could contact the FL Dept. of Consumer Affairs and ask about that.

The action occurred in FL, but you need to find out WI law concerning debts that occur in other states with different SOLs. Some laws state that if you leave a state, the SOL in that state is tolled (stops running).

If it were me, I'd contact a consumer attorney. You could call the WI Bar Association. They should have a lawyer referral service. They'll provide the name of an attorney in your area, and that attorney will give you a consultation either for free or for a reduced rate. Give the attorney all the details,nd ask about SOLs and tolling.

If you find out for sure that the debt has not been tolled and is outside the SOL, send a C&D.