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antipode12

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  1. Thanks. Retmar, you noted the FDCPA, but I'm not sure what the connection is. I'm trying to determine which state SoL would take precedence. How does the Federal FDCPA factor in? Isn't that about conflicts in statute between a State and the Federal gov? As far as I can tell, that is not about the conflict between state laws. Thoughts?
  2. Thanks! 3) SoL: I've read that a 2010 case in NY shows that the Bank's state is what takes precedence, not the Debtor's. 6) Settlement: what's the long-term advantage?
  3. Hi - I'm in NY. After racking up sizable debt with my ex-fiancee (she: sometimes co-applicant, sometimes authorized user, sometimes just a mooch), we have separated. She refused to contribute $ after the split, so I paid the minimums for as long as I could. (I paid 10s of thousands - she paid zero.) Since then, the accounts have been unpaid, and now list on the credit report as "charged off". I have several questions that I hope you can help with. 1) Can the Charge Off get renewed each month? (It "Charge Off" appears monthly on my credit report.) 2) Does "charge-off" mean that the bank no longer holds the debt? (How do I find out who owns the debt?) 3) Does the Statute of Limitations of NY apply, or of the Bank? (I've read very conflicting info, including a NY case from 2010: http://www.nedap.org/hotline/defenses.html) 4) Can I refer the Collection Agencies to my ex-fiancee? (They don't seem to have her new phone or address.) 5) Would referring my ex-fiancee to the Collection Agency "re-start" the 7-year window? 6) If I settle with the Collection Agencies for a lesser sum, does that benefit my credit? Is there any other benefit? 7) Any other ideas? What would you do? Thanks a ton!
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