chincheck

Members
  • Content Count

    796
  • Joined

  • Last visited

Everything posted by chincheck

  1. There is no violation for trying to collect a debt after SOL. It means that you can use it as an affirmative defense to a lawsuit.
  2. Re-read Methuss' post again. He told you everything you need to do. The only way to guarantee that you won't get sued is to pay the debt. Save your old dispute letters and canceled checks for court, if it comes to that. DV is a waste of time, so you shouldn't even be considering it. C&D anyway and keep a record of it. If the CA keeps contacting you, you may have grounds for harrassment. An opt-out is an all-or-nothing choice. You can't pick and choose which companies you want to soft-pull your CRs. Credit monitoring only provides a snapshot of your CRs. The only true way to get the lates
  3. So many people here have made verbal agreements with CA's over the phone and were subsequently burned. Call if you want, but don't be surprised when you pull up your CR's months later and see tons of paid collections listed.
  4. Re-read my post...50-50 chance of being denied with a collection regardless of paid or unpaid. Since you're going through Crap1, it depends how much you get approved for, but Crap1 may include a stipulation that it be a used car only.
  5. Since this was a business debt, consumer collection and credit laws do not apply. However, Methuss' recommendations do apply because the basis of your dispute is you were a fraud victim. Since you were a sole prop, you are potentially liable for any business debt incurred. If your case is beyond SOL, then you have at least one affirmative defense (fraud victim being the other). I also encourage you to keep the option of filing a lawsuit as a last resort because that's what it may take to clear this all up. As for your other question, you can opt out of pre-approved credit offers by writing let
  6. If that's the case, then a high credit score doesn't really matter, anyway. I hate to burst your bubble, but your chances of buying a new car with a collection on your report won't be very good, unless you're paying in full.
  7. Send a C&D letter, and monitor your reports for any activity.
  8. Since I formerly worked special finance for a dealership, here's what an unpaid collection vs. a paid collection will likely do for you: Unpaid collections -- High likelihood of being denied. If approved, you'll need about 1/3 down payment, a co-signer, and will have a high interest rate. You'll be offered a choice of the lot's previous daily rentals. Paid collections -- 50-50 chance of being denied. If approved, you'll need a 1/3 down payment and have a high interest rate. You may have a chance at a new car (depending on how much you qualify for) but most likely you'll pick from the previous
  9. Welcome to the board! Was this a business debt? If so, were you a corp?
  10. If you had read about 10 posts down in divemedic's sticky, you would have seen this:
  11. The letter IMO is a case of overshadowing. It does not pass the "least sophisticated consumer" test. Your DV to the attorney was adequate. The attorney's response (summons) was legal as well. It's not that you lose your right to DV after receiving a summons, it's now a case of you asking for the same items during discovery. Your focus now should be to file a written answer with the court before your 30 days are up. Should they verify to the CRA's before providing DV, then that would be a violation for continued collection activity after a proper DV request. As for the lies, it is now up to you
  12. California SOL for other than the recovery of real property: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=335-349.4 Tolling: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=350-363
  13. The only true CR's are the ones directly from the source: EQ, EX, and TU. 3 in 1's are a snapshot from recent CR data. How recent that is, is anyone's guess. When you dispute on TC, they provide you a link to contact the CRA directly. TC doesn't handle disputes.
  14. You're right; I gave bad advice. I didn't see the BK discharge part. My bad. I've successfully sued with less than 12 violations on several occasions and won, so maybe it has more to do with sympathetic, liberal California judges. I'll be more careful in what I say next time.
  15. OK, a little clarification is needed. Is this debt paid or unpaid? If unpaid, offer a PFD to the CA every month until they accept. If paid, read the "WAYS TO REMOVE PAID COLLECTIONS" sticky in the Collections forum. Multiple DV letters to the CA, then re-disputing with the CRA by providing the stack of green cards might work.
  16. Keep copies of any correspondence that the CA sent, and make sure the CA's letters don't have any credit reporting warnings on it. Then send the OC a letter notifying them that the CA violated the state Rosenthal FDCPA, and the OC may be liable. Then offer a PFD if the debt's yours, or issue a C&D if it's not yours.
  17. Did the OC verify your CRA dispute before you sent your dispute (not DV) letter? If yes, then the OC has violated the FCRA. File your lawsuit. As far as the CA goes, did you DV within 30 days of their initial contact with you? Are they continuing collection activity? If both answers are yes, then the CA has committed a violation. File your lawsuit.
  18. Nobody is obligated to report negative information; nobody is obligated to report it for 7 years, either. The bad news is that OC negatives are one of the hardest tradelines to either change to a positive or remove entirely; the chances are even lower after payment. I suggest you thoroughly read the link at the top of this page titled, "Dispute w/Orig. Creditors." To increase your odds of success, the key is to dispute specific items: amount owed, DOLA, etc. For another tactic, do a search on "goodwill letter." The same goes for paid collections, but the odds of success are a little higher bec
  19. FACTA requires notification when negatives are reported. OC's are complying with this by placing a notice on monthly statements. I have about 6 CC accounts, and I see this notice on every statement I receive. In most cases, the state in which the defendant lives determines SOL because the plaintiff must sue in the defendant's jurisdiction. About 6 months ago, I received a $1500 class action settlement against Signet Bank (AKA Cap1) because they got a default judgment against me in '94 in a Virginia court.
  20. Assuming your daughter's a legal adult, unless you're an attorney licensed by your state's Bar, you can't represent your daughter. She would have to represent herself if an attorney can't. You can't even sue on her behalf. This guy has committed several violations, but the maximum damages that the FDCPA allows for an individual action is $1,000. You might want to see if your daughter's state allows this in small claims court.
  21. Are OC's required to provide DV under AZ law? They definitely aren't under the FDCPA.
  22. Is this in federal or state court? If state: the plaintiff will probably file something within the next 2-3 months. If you don't hear anything after two years, then you can file a motion to dismiss. After 5 years, it is mandatory for the court to dismiss the case if the plaintiff never responds to your answer. I'm not versed on federal court, so someone else will have to answer.
  23. California Family Code (starting around section 6500 I believe) states specific reasons, all of which must be met, in order to bind minors to contracts. In your case, if your daughter was under your care or another parent/guardian at the time, then she can't be held liable for this debt. IMO, the CA is misrepresenting the legal status of the debt, which is a violation of state and federal law. The CA is also reporting inaccurate information, another violation of state and federal law, but the right to private action is upheld in state court. Another issue here is that since your daughter recei
  24. Unless you're getting reports from the source, any credit monitoring service will be "off." IMO, TrueCredit is no better or worse than any other service out there. I'd say it's only advantage over the competition is a cheap way to bump inquiries.