ADSOFT Posted July 19, 2003 Report Share Posted July 19, 2003 Sis I'm looking for a link on the ROSENTHAL ACT. I always find a link but it only posts the first section, I need access to all the sections. Can you help me out.Thanks in Advance Link to comment Share on other sites More sharing options...
AAnswerwoman Posted July 19, 2003 Report Share Posted July 19, 2003 Adsoft, here is a link to all California Codeshttp://www.leginfo.ca.gov/calaw.htmlDebt Collection is covered under Civil CodeYou are looking for civ: 1788http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=civ&codebody=&hits=20 Link to comment Share on other sites More sharing options...
ADSOFT Posted July 20, 2003 Author Report Share Posted July 20, 2003 Adsoft, here is a link to all California CodesYou are looking for civ: 1788http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=civ&codebody=&hits=20AAnswerWomenThankyou Sooooooooooooooooooo Much I have been looking for that site for 45 days: My credit repair had almost come to hault because I couldn't find that site. I was reading it and I lost it. There is so much good info on it. I really owe you a favor. Thankyou again.I am so glad to see you at this site, I hadn't heard from you, thought you got lots in the transfer. If there is anything I can do for you just ask. ... You can always send me a PM.BTW, Techgoddess, Retmar, Niner849, are also very good sources for CALI stuff, I think TOLSTOY is too. You might want to touch basis with them, they are very reliable especially RETMAR!!!!!Thanks again. Link to comment Share on other sites More sharing options...
sisflomi Posted July 20, 2003 Report Share Posted July 20, 2003 Sorry ad, was out all day today. Glad answerwoman could help you though. Link to comment Share on other sites More sharing options...
AAnswerwoman Posted July 20, 2003 Report Share Posted July 20, 2003 I'm glad I could help.As for what I need, I am watching for any information on the time barred debt in Cali. I have one creditor that just passed the SOL and it's a big one. I don't really want to have to pay it if I try to get a mortgage loan.Until last week, I hadn't done anything with it. I got a letter saying the CA had changed, with the 30 right to dispute... so I disputed!I figured I would deal with the little ones first. I've had some deleted!! yipee. Please ask if you need something "found" on the internet. I enjoy hunting things down. Link to comment Share on other sites More sharing options...
sisflomi Posted July 20, 2003 Report Share Posted July 20, 2003 The good think about Cali is that you have more debtor friendly laws than we do. Even their own FDCPA act. There is site I will post that has a lot of cali info. http://community-2.webtv.net/Y-Chat/WhyChatsCredit/page6.htmlJust what are you looking for about the sol and such to help you with? Are these on your cr's? Link to comment Share on other sites More sharing options...
AAnswerwoman Posted July 20, 2003 Report Share Posted July 20, 2003 Yes, everything on my CR is past the SOL. I'm wondering if I can skip any steps and go straight to using the SOL to get stuff off.Going to the PO for CMRRR is getting expensive!. Another reason I am trying to fast forward on this stuff both our cars need repair. Our car loans are 14%. Something tells me that trading in the old car with a lower interest rate will cost the same.I'm going now to check out your link! Thanks sis! Link to comment Share on other sites More sharing options...
sisflomi Posted July 20, 2003 Report Share Posted July 20, 2003 You can ask ad about this, he should remember. There is something about an sol debt being reported to cra on debts past sol in cali as being against cail codes. I will look at the old board and see what came of this post, but ask ad too, he might just know what I am talking about. Link to comment Share on other sites More sharing options...
ADSOFT Posted July 20, 2003 Author Report Share Posted July 20, 2003 Yes, everything on my CR is past the SOL. I'm wondering if I can skip any steps and go straight to using the SOL to get stuff off.Going to the PO for CMRRR is getting expensive!. Another reason I am trying to fast forward on this stuff both our cars need repair. Our car loans are 14%. Something tells me that trading in the old car with a lower interest rate will cost the same.I'm going now to check out your link! Thanks sis!AAnswerwomanIn CALI you don't have to pay a dime after 4yrs. I'm almost 100% sure that if they even try to collect after 4yrs they are breaking the law. Ask RETMAR he knows for sure. PM him or start a link. Also, I believe all you have to do is send them a c/d letter and they have to get lost!!!If everything on your CR is oveer the SOL then I would :1. I would talk to some mortgage people and see what they say about how lenders view BILL over the SOL2. Keep disputing: 1st : distpute not mine 2nd: dispute DOLA 3RD:dispute high balance. 4TH DV. 5TH ITS. ... it's cheaper but but it takes longer. ... I know by that time rates will have gone up a point. Well I don't think we are the position to get PRIME, I'll take 6.5 to 7.0 fixed for 30 any day of the week. as opposed to 2yr fixed then who knows, rates may be at 12% in 2 yrs.... Now, If start DVing asap more will fall of quicker but you are still going to be looking at 60-90 to get most off.What I think is the most efficient is DISPUTE and FAX what I call a PRE-DV. It is a lot cheaper but, you might have to contact the CA'S and you might get trapped. I usually try to scare them when I fax saying things like it is illegal to report incorrect and unverifiable information, ...I have copies of my old reports and it is obvious that you not only misrepresented the debt have continued to keep reporting incorrect information after my repeate disputes at the CRA... so remember, you have to have a signature and contract to report the information, so if don't have it I'm giving you 30 days to remove it othewise I'm going to start sending you formal letters to sue you via CMRR in court and start reporting you to the ATTG , BBB, .... you know. This technique keep the cost down and you are just paying for phone calls to the CRA.I got all my negs off of equifax like that,Have 2 negs $45 and $75, actually the same bill in EXPERIAN.2 negs in TU, 1 I'm waiting for SOL , 2-3 Months and the OTHER ???????? That one I might have to take it all the way, I have my work cut out for me.But any how that was my strategy, when I start sending CMRR's its because I'm going to court or I'm threatening somebody that if they are going to put something on my credit report they better know what they are doing or else!!!!!I hope that helps. Link to comment Share on other sites More sharing options...
ADSOFT Posted July 20, 2003 Author Report Share Posted July 20, 2003 AAnswerWomanI looked for the thread on CALI law on the old board, and it go lost in the DATA crash. I'm going to start another one because it was good reference. But, if everything is beyon SOL and your are in CALI, start the happy dances because your sitting in a good spot eventually most of those are goners and the ones that aren't you MIGHT be able to negotiate removal????Talk to you tommorrow.BTW, good see your still dropping in, also glad you're a CALI I think we are going to need your help in the future alot Link to comment Share on other sites More sharing options...
Niner849 Posted July 20, 2003 Report Share Posted July 20, 2003 I'm glad I could help.As for what I need, I am watching for any information on the time barred debt in Cali. I have one creditor that just passed the SOL and it's a big one. I don't really want to have to pay it if I try to get a mortgage loan.Until last week, I hadn't done anything with it. I got a letter saying the CA had changed, with the 30 right to dispute... so I disputed!I figured I would deal with the little ones first. I've had some deleted!! yipee. Please ask if you need something "found" on the internet. I enjoy hunting things down.When you are looking at Cali's FDCPA, look at article 2.6. This is the one that says "it is illegal to collect on a debt and it to old to be enforced." I don't have my folder on me with the complete article, but I'll get it. Plus, I'm on hubby's computer, and hes going through withdrawls....LOL. I'll find it later on and post a couple of things, including an FTC letter that refers to a specific case about a time-barred debt.Andi Link to comment Share on other sites More sharing options...
retmar Posted July 21, 2003 Report Share Posted July 21, 2003 Aanswerwoman, don't waste your time with the DV. You said you just received a letter giving the usual 30 day Bull. If you know for sure the SOL is past, send a C&D today. In that letter, you will do the normal "go away" and you will tell them that it is against the law in California to attempt to collect a debt that is timebarred. You will also tell them it is a violation to verify a debt with the CRA as it is considered "continued collection activity". You will cite FDCPA 807(2)(A) 15 USC 1692e(2)(A). Be sure to read the section. Let them know any further activity will result in them being named as a defendant in a civil suit. You need to read the California Civil Code, especially 1788.17. In fact, go to Adsoft's other thread about California. There is more info for you over there. Be sure to send it CMRR. When you get the green card back, send another dispute to the CRA and if the CA verifies, you got them again. They have already violated by sending the first letter. Then you will send them an ITS under State Law. Let us know what is going on. Of course, all you really want is for them to delete and go away. For this reason, you would compose your ITS to include that California hopes the parties can solve w/o going to court. Therefore, you would say if they delete and go away, including a promise to not sell, transfer, or reassign, you would waive any monetary amount as provided by law, otherwise pay me or go to court. Link to comment Share on other sites More sharing options...
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