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Three Questions :)


Jericho2
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Hello, I have three questions I was hoping to get opinions on.

1. I have a charged off account with Asset Accept. It is past SOL by 3 months and I am in California. They send me letters about once a month, call about every 6 months. I never respond or talk to them. The account is only listed on my TransUnion report. Should I dispute this with TU or do I risk having them put it on my other reports if I dispute?

2. I have a $700 charge off with Amex. It is out of SOL by 1 year. They have verified this with the credit reports after I disputed it. I am going to dispute it with them in a nice letter. If they dont remove it has anyone had any luck with having them delete for a payment?

3. I have one account still within SOL (eight months to go). It is with Sherman Aquistions I think. They are not on my report, but the OC lists it as sold to them. I would like to get a credit card and start rebuilding my credit. Would applying for a card possibly stirr them up? I have opted out.

Thanks for you advice.

Jay

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1. It is a felony to try to collect in CA after the SOL. Remind them of this and they will likely fold and remove the TL.

2. If the TL is not over 7 years old it can stay, but they cannot try to collect.

3. If you have not opted-out, they will be looking at you. Sometimes happens even if you have opted out.

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1. Except for one word, Doc is right on. The way he said Felony. It is a difinite violation of the FDCPA and CCC. It can be considered a Felony under the California Penal Code 518-527, but, from what I have heard, this has never been taken all of the way through the system yet as most fold if threatened. What you would do is compose a full C&D letter telling them to go eat Mggot Droppings. Included would be the reference to California's position that even the attempted collection of a debt is a violation, and cite FDCPA 807(2)(A), CCC 1788.17, and Kimber v. Also included would be the reference to the California Penal Code and cite the particular section that applies. You could even include that the continued reporting of a timebarred debt is a violation. Sometimes this works in getting things deleted, but, not always.

2. As Doc said, it can remain for the full 7 yrs. As to his reference of not collecting, they can send a dunning letter, but, it can not, in any way, threaten you.

3. I fully agree.

Lastly, go to the top of this page, there is a "Sticky" titled "The Law in Calif". Read it as it has quite a bit of information for you.

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1. Except for one word, Doc is right on. The way he said Felony. It is a difinite violation of the FDCPA and CCC. It can be considered a Felony under the California Penal Code 518-527, but, from what I have heard, this has never been taken all of the way through the system yet as most fold if threatened. What you would do is compose a full C&D letter telling them to go eat Mggot Droppings. Included would be the reference to California's position that even the attempted collection of a debt is a violation, and cite FDCPA 807(2)(A), CCC 1788.17, and Kimber v. Also included would be the reference to the California Penal Code and cite the particular section that applies. You could even include that the continued reporting of a timebarred debt is a violation. Sometimes this works in getting things deleted, but, not always.

2. As Doc said, it can remain for the full 7 yrs. As to his reference of not collecting, they can send a dunning letter, but, it can not, in any way, threaten you.

3. I fully agree.

Lastly, go to the "Credit Repair" section on this site. Near the top of Page 1, there is a "Sticky" titled "The Law in Calif". Read it as it has quite a bit of information for you.

I can always count on someone to expound on the issue and correct me, especially you retmar. I really appreciate it as I love to help but my time to post is limited, there fore my "brief" posts.

Running a business from my office as well as from home leaves me les time than I would to assist.

Thanks retmar!

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