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techgoddess

The law in Cali.

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Okay, I asked this in another thread but it was kind of mixed up with other stuff, so I'll ask about it all by itself.

What is the law in Cali. about CAs reporting time-barred debts? RMA verified and it's way passed SOL. I heard somewhere that CAs couldn't report time barred debts in Cali. but I can't find any info about it.

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<blockquote>Originally posted by techgoddess

Passed SOL. They can't sue me for it.

</blockquote>

For Calif. (correct me anybody if I'm wrong) but if the bill is beyond 4yrs for written, they can't sue you but still put it on your CR for seven years.

They can still try to collect though, That's what AMERICAN AGENCIES told. I'm not sure if that means that if you never pay the bill they can keep selling it to other CA'S and have them keep bugging you untill you die!!!!!!!, then bug your decendents after that, I would put it behind some CA'S

If its beyond the 4YRS SOL, I would DV them and try to get them on a violation, at least have something on paper incase it goes to another creditor, otherwise eventually some idiot is going to put it on your credit report.

By the way if you are in CA I read yesterday the ROSENTHAL act enhances the FDCPA, and OC'S are also obligated by most if not all of FDCPA, ... I know that OC'S can't harrass you. You should look into it!!!!

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Now that we have the senior staff on line.

I ran into a post at one time where a reader mentioned in its DV LETTER that , ...????(CMA)????? ... somehow, there is something you can put in your DV's that include include all future assignees of the debt and all past ones too.

Does anybody know what they were talking about.

I think this would be good for the kind of debt situation TECHGOODESS is talking about here.

I don't want to start all over with every new CA, I've heard from mortage brokers that lenders sell debt!!!!

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<blockquote>Originally posted by cookiemnster

In California, it's illegal to attempt to collect on a time-barred debt. California law considers that a misrepresentation of the legal status of the debt, which is a violation of the federal FDCPA.

http://www.dca.ca.gov/legal/dc_2.pdf

</blockquote>

So, that means that after 4 years, they can't even collect???

I can wait 4 years and go open a new telephone account??

... Please!!!! do not ask me to go read that at this moment, I will read it tonight!!!!

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Found it! Article 2.6 says, "It is a violation to attempt to collect a claim that is too old to be enforceable."

Yay!!!!!!!

New Question: I read somewhere that the SOL starts with the last payment to the OC (not the CA). If not, I'm still in SOL and I'm hosed.

Here's my situation. My Sears account was charged off in 1997 and sold to RMA. I made sporadic payments to RMA before I knew any better (the last payment I made to them was about a year ago.) So my question is this: Is it passed SOL? The last payment I made to Sears was in 1997.

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<blockquote>Originally posted by techgoddess

Found it! Article 2.6 says, "It is a violation to attempt to collect a claim that is too old to be enforceable."

Yay!!!!!!!

New Question: I read somewhere that the SOL starts with the last payment to the OC (not the CA). If not, I'm still in SOL and I'm hosed.

Here's my situation. My Sears account was charged off in 1997 and sold to RMA. I made sporadic payments to RMA before I knew any better (the last payment I made to them was about a year ago.) So my question is this: Is it passed SOL? The last payment I made to Sears was in 1997.

</blockquote>

That's awesome.

American Agencies told me it only ment they couldn't take to court!!

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<blockquote>Originally posted by cookiemnster

In California, it's illegal to attempt to collect on a time-barred debt. California law considers that a misrepresentation of the legal status of the debt, which is a violation of the federal FDCPA.

http://www.dca.ca.gov/legal/dc_2.pdf

</blockquote>

Wow, if that's the case then I can really tell A$$et Accepetence to go and pound sand. They are trying to collect on something from 1994, which is also the same account that is reporting on my CR, but the OC is actually reporting the positive TL.

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Okay, I was looking for more info on Google and a CollectionIndustry.com forum popped up so I took a look. This is what I found:

"paying on an out-of-statute debt does not start the statute all over again. The statute of limitations is based solely on the first date of default."

Hmmmmmmmmm. That's interesting. Straight from a CA's mouth. Anyone got any info on this?

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In response to,

"Wow, if that's the case then I can really tell A$$et Accepetence to go and pound sand. They are trying to collect on something from 1994, which is also the same account that is reporting on my CR, but the OC is actually reporting the positive TL. "

So after 4 yrs, that's it!!! I can go get a new phone acct!!

Hey, I have a medical bill that is going to be up in 2 months!!!

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I keep finding conflicting info. On that collection forum, one guy said that a common misconception is that a partial payment starts the sol over again and I read elsewhere that it does. I can't find anything 'official' about it. Another guy on that collection forum said that he even called the Cali. attorney general's office about and couldn't get an answer either way. I guess CAs are as clueless about it as we are. Maybe I should just DV and go from there.

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<blockquote>Originally posted by cookiemnster

In California, it's illegal to attempt to collect on a time-barred debt. California law considers that a misrepresentation of the legal status of the debt, which is a violation of the federal FDCPA.

http://www.dca.ca.gov/legal/dc_2.pdf

</blockquote>

Cookiemonster can you post the text that says that!!!

[Edit by ADSOFT on Thursday, June 5, 2003 @ 02:42 PM]

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<blockquote>Originally posted by cookiemnster

In California, it's illegal to attempt to collect on a time-barred debt. California law considers that a misrepresentation of the legal status of the debt, which is a violation of the federal FDCPA.

http://www.dca.ca.gov/legal/dc_2.pdf

</blockquote>

Well, I don't know where CookieMonster went, but she's referncing the FDCPA, so somewhere in there it must state the 'state' of a debt, I would think that would a good reference point to tie everything to.

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<blockquote>Originally posted by ADSOFT

So after 4 yrs, that's it!!! I can go get a new phone acct!!

</blockquote>

Maybe ;) PacBell/SBC's memory might be longer than 4 years, LOL.

They just have to stop collecting after 4 years (in theory). That doesn't mean they have to then extend you new credit or service.

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FDCPA

ยง 807. False or misleading representations [15 USC 1962e]

A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(1) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof.

(2) The false representation of --

(A) the character, amount, or legal status of any debt; or

(B) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt.

There it is: 2(a)... "legal status"

[Edit by ADSOFT on Thursday, June 5, 2003 @ 02:59 PM]

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<blockquote>Originally posted by cookiemnster

<blockquote>Originally posted by ADSOFT

So after 4 yrs, that's it!!! I can go get a new phone acct!!

</blockquote>

Maybe ;) PacBell/SBC's memory might be longer than 4 years, LOL.

They just have to stop collecting after 4 years (in theory). That doesn't mean they have to then extend you new credit or service.

</blockquote>

Yes, but I believe in CALIF, OC are bound by FDCPA AND ROSENTHAL ACT, so they can't even collect their own debt, or deny me service????????

Is that right!!

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Regarding the SOL issue....

http://www.carreonandassociates.com/sol.htmhas a good explanation of the Statute of Limitatsion. Note that each state varies in what starts it.

Making a payment to a 3rd party CA will never re-start the SOL, though.

There's a good discussion that answers some questions here http://www.creditboards.com/phpBB2/viewtopic.php?t=2334&highlight=

~Cookie

[Edit by cookiemnster on Thursday, June 5, 2003 @ 03:10 PM]

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Excuse me while I do the happy dance!

:D :upsidown: :D :upsidown: :D :upsidown: :D :upsidown: :D :upsidown: :D :upsidown: :D :upsidown: :D :upsidown: :D

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<blockquote>Originally posted by ADSOFT

Yes, but I believe in CALIF, OC are bound by FDCPA AND ROSENTHAL ACT, so they can't even collect their own debt, or deny me service????????

Is that right!!

</blockquote>

No, not quite.

They're not supposed to attempt collection on the debt, but again, they don't have to extend you new credit or service and give you the opportunity to stiff them again. There's nothing in law or caselaw that suggests this is so. Collecting and the extension of new credit or service are two very different things.

Discover, Sears, and American Express have what we call "Blacklists". This means that, if you ever filed bankruptcy and included them, they will never again extend you credit -not even enough to buy a cup of coffee. They can't collect on the original debts because they are prohibited from doing so by the automatic stay put in effect at the time of filing, but they don't have to, and won't, give you another chance to default.

Same principle with the phone company. As far as I know, now that they're de-regulated, there's nothing that says that they have to give you service. Only that if they deny you service it can't be based upon your race, creed, age, sex, etc.

There may be hope, though, if you can somehow find out how long the phone company keeps its records for. If, say, computer records are purged after 4 years, and paper records after 7, you may have a chance. You just never really know. All I'm trying to point out is that it's not a given that they'll give you service after 4 years and 1 month.

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Hey, article 1.3 says that the statute applies to both " ORIGINAL CREDITORS AND DEBT COLLECTION AGENCIES"

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