MuteDebt

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MuteDebt last won the day on August 7 2014

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About MuteDebt

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  1. I'm helping my boyfriend repair his credit. In California SOL is 4 years. Two of his debts are SOL (2013, 2012), one will be SOL (2014) in September. I read that negative reports can stay on for 7 years. I'm a little confused, where do I need to begin to get these adverse listings removed. Do I start with the collection agency? Do I start with the credit reporting agency? The collection agency also keeps updating the listings and updated most recently 7/5/2018. I also thought that medical debt could not be reported in the state of California, is it different when it is a collection agency? PS I,originally, was fighting my own collection lawsuits and was in "Is there a lawyer in the house" It's nice to see some original posters still fighting the good fight!
  2. MuteDebt

    Midland pursuing Me Again

    Yowza I just checked in, don't worry folks I'm not paying any collection agency. Just a question, but happy to see a good conversation evolved.
  3. MuteDebt

    Midland pursuing Me Again

    Ok I grabbed the letter and found the PS it does state, " The law limits how long you can be sued on a debt. Because of the age of your debt, we will not sue you for it. If you do not pay the debt, we may continue to report it to the credit reporting agencies as unpaid." Is it legal for them to do that even though the SOL is up? Nascar when you say shows up on your credit report incorrectly exactly what does that mean (Do you mean the incorrect amount, What needs to be incorrect)? Thanks once again!
  4. Hi I want to get ahead of the game in case this does turn into a lawsuit. I'm in California and my debt is over 5 years old. I have saved all the letters from this particular debt. It has been sold over 15 times. Now Midland has got it. I got a "would you like to settle letter." Of course I would not settle and I doubt they have any accounting with this as it has changed hands so many times. I checked the docket and nobody has filed anything against me. My question is how often do the folks here, hear of Midland pursuing a debt that has reached the statue of limitations? I also wonder if they ever do their homework on people they decide to sue. As, I have pretty much had $0 walk aways with all my cases and well a pretty awesome Appeals that followed in the fine footsteps Target v. Rocha! Any thoughts on this would be grand. I'm a little paranoid as I really thought my days in court were over!
  5. He's my favorite lawyer! Never thought I would say that about any lawyer. Calawyer is alright too!
  6. The cases are different as they were argued differently. What sort of details are you looking for. CACH v. Rodgers is public you can look it up by searching it. Sierra V. Hale was recently just won it has not been cited yet, but hopefully will be. That's the next step for the lawyer! CCP98 is often overlooked and actually performed wrong, it then allows an affidavidt testmony be permitted and then the witness can not be cross examined. It has become a game changer in California it started with Target v. Rocha and was used in the CACH v. Rodgers case. I would look up both cases.
  7. Target v. Rocha and CACH v. Rodgers to the rescue. Ventura County now has another appeals case that was won CCP98 enforced! I'm pretty sure CALawyer knows about this one. It was once again another win for our fearleass fighter Ian Chowdhury!
  8. Hey Calawyer I totally agree as he fought 3 cases for me. I cannot even tell you what a burden was lifted from me, to not deal with these and have him take them over. I would much rather pay him than debt collectors and in the end it was still far less than what they were coming after me for. I found I don't have nerves of steel and coudln't handle being in court. Although I did go in an argue one of my cases against a lawyer. I must say I can tick that off the bucket list even though it wasn't ever on it!!!
  9. Hi there, as somebody that found so much help here, I decided to share with you the ebook that has been put out by the lawyer that won the appeals of CACH v Rodgers. He has helped quite a few folks on here. He helped me tremendously. Oh it's free, so nothing being sold here. I hope it helps some newbie, because I know how scared I was when I got served and when I looked at the docket only to see another lawsuit was on its way and I just hadn't been served on that one! http://www.californiacollectiondefense.com/sued-for-an-old-credit-card-debt-heres-help/
  10. MuteDebt

    How do I get CACH to pay?

    I know a lawyer that has won many cases against them and has politely written them and collected what they owed him. Yes sometimes lawyers are treated differently than propers but its worth trying!!! I would contact Mandarich and CACH send a letter to both!
  11. This page had a good chart with the major banks and what statue they will use and apply if they try to sue you. That was helpful to know that some go by their home state but will use your state statue if its longer! http://www.creditcards.com/credit-card-news/credit-card-state-statute-limitations-1282.php
  12. HI I found this and hope it helps others. It really explained it for me. Sometimes the SOL is where the bank has its local homebase! This is in laymans terms. Sometimes my mind spins with the legal stuff! It doesn’t hurt to know whether the credit card collection lawsuit against you is barred by the Statute of Limitations. You could save a pile of money. One of the first questions I ask is: “When was your last payment.” Here’s how that question figures in: Credit card lawsuits are based on breach of contract. The California Statute of Limitations (“SOL”) for Breach of Contract is four years. Thus, the California SOL for credit cards is four years….. that is, unless it’s three! It all depends on the credit card, and here’s how you know: Some background first: The statute of limitations refers to a law which establishes the length of time an injured party has to file a lawsuit to collect damages. In credit card cases, the clock starts ticking when you breach the credit card agreement. The breach occurs when you miss a payment and make no further payments or use of the card. From that day forward, the creditor has either three or four years – depending on the card – and not one day more, to file a collection lawsuit. After that, a collection lawsuit becomes “time-barred” – legalese for “too late”. Filing a lawsuit to collect a consumer debt after the expiration of the statute of limitations is a violation of both the federal and California Fair Debt Collection Practices Acts. If you believe you have been victimized by a time-barred collection lawsuit, you can call us for a free consultation. Here’s how the SOL is determined: Credit card agreements contain a “Choice of Law” provision, with which the Banks choose the state whose laws govern the rights and obligations under the agreement. Bank of America, Chase Bank and Discover, for example, select the law of Delaware, where the banks are incorporated. The Delaware statute of limitations is three years. Thus, when you default on a Bank of America (including MBNA) , Chase, or Discover credit card, a lawsuit to enforce collection must be filed within three years of the date of default. After that, it’s too late to sue; and, once the statute of limitations expires, a payment does not revive it. In addition to the above, Capital One card have a three year SOL by virtue of a Virginia choice of law provision. The statute of limitations in Virginia is three years. For the other cards – American Express, Citibank, G.E. Capital, HSBC, U.S. Bank, Wells Fargo, among them – the SOL is four years. Debt buyers “stand in the shoes” of the original creditor, so the statute of limitations isn’t changed by the purchase and sale of a debt. Some final thoughts about the statute of limitations: The SOL does not affect the status of the debt – that is, whether or not the debt is owed. It speaks only to the time period during which a lawsuit can be filed to collect the debt. AND, Abuse, misinformation and deceit are favored tactics of collectors of old, time-barred debt. They know they can’t sue to collect, so they resort to threats and harassment to separate you from your money. For example, if anyone says, ” I have a lawsuit ready to go and the police are going to bring it to your job tomorrow, if you don’t pay…..”, the debt is time-barred, almost certainly. So don’t believe them and don’t worry. It was found on http://www.californiaconsumeradvocate.com/ he had good info so I would like credit given to the correct person!
  13. I'm going to put this up, but I actually think this lawyer is wrong. I do not believe they can sue you in the state they choose. As I have seen that is a big issue in the "Is there a Lawyer in the house" forum. Although the statue might carry over from the state the contract was signed in, irrelevant where you live. Concerning my question from the article: In my opinion, the FDCPA applies, and so the only relevant jurisdictions are where the consumer signed the loan application and where the consumer currently lives (bank location is irrelevant). If those states are different, I believe the creditor has the choice of where to sue and can select the state with the longer SOL. There may also be an argument that the contract was signed "under seal" which might lead to a longer Statute of Limitations than an ordinary contract.