back from hiatus with a question for yall.

[TakingNoMore]

Good evening all,

so, SOL in Washington for open accounts is 3 years.

So I have stubborn ASSet on EX and TU (deleted from EQ). I was wondering since they posted that this account is open (illegally), wouldn't I be able to use the 3 year SOL as leverage against them?? DOLA for this account is 3/00.

That sounds like "two wrongs don't make a right" but I am desperate to get rid of these SOB's and since they want to play dirty and do their reaging tricks, I can play too.

Thanks ahead.

[KentWA]

Did they list "in dispute" on your credit report when you DVed them? If they did not they Violated RCW 19.16.250 which requires them to notify the CRAs upon receipt of your dispute. If they failed to do that you have $2,000 per violation under RCW 19.16.440.

[TakingNoMore]

no they haven't.

but I was living in Cali when I initialized the dispute process with them. I backed off my credit repair process when I was in the process of moving and I noticed that ASSet and Midland Crud Management refuse to cooperate with me.

Should I send them another DV from Washington state just to add that violation to the list?

Thanx

[KentWA]

That is what I would do, I have both those idiots in my reports and have them on a couple of violations.

What county are you in, I am begining to think Class Action.

[TakingNoMore]

Kitsap county. I would love a class action. Seems to be no other way to get them to respond.

[pursuit]

Hey fellas,

Either of you have any trouble with Nationwide Recovery Systems, Superior Asset Management, or Sherman? Just one Washington resident to another.

Oh and KentWA, Thanks for turning me onto RCW 19! Very very helpful

[ec61975]

Yea, Thanks for the RCW. Let me know if you do a Class Action against ASSett. I Finally got them off my report last year after they tried to re-age my account.

[KentWA]

TakingNoMore, I am just down the road in Tacoma, right across the bridge. Moved here from B-Town 4 years ago.

From what I have read of State Class action it can be filed in any county that one of the platiffs resides in. Big question is when will the new federal rules on class actions take affect as that would require filing in Federal only.

I just realized that Asset is not even licensed in this state! I had seen Asset Recovery on the DOL web site and thought it was them, took a closer look and a little research and do not think it is in any way related.

Pierce County District court decided Evergreen Collectors v Holt and a few others favorably for the debtors.

[TakingNoMore]

I will be working and going to school in Tacoma so I'll be spending most of my time down that way. Can you explain the RCW to me or bless me with a link so I can read for myself????

I am very surpised that Asset is not licensed in this state!!! I need to start reading WA law. It's very different from Cali.

[pursuit]

Revised Code of Washington RCW Title 19

http://www.leg.wa.gov/rcw/index.cfm?fuseaction=title&title=19

[KentWA]

The link above is good as it points to all of Title 19. Chapter 19.16 is the Collection Agency Act, Chapter 19.86 is the Consumer Protection Act where the civil liability comes into the scene. Any violation of 19.16.250 (Which cover prohibted acts) is a per se violation of 19.86.020.

There are a few holes in 19.16.250, but those are mostly covered under the FDCPA. To find out how the courst interpet these laws it is best to go to the law library and look at the West Annotated Washington code. It has court decisions and references in it. The Law Library in Tacoma is open till 8 on Mondays, otherwise till 6. They also open on Sunday from Noon to 5.

[KentWA]

Late breaking news on Asset. I just got a letter from Washington Dept of Licensing. They have investigated ASSet in the past and determined that the Washington Collection Agency Act does not apply to them or other JDB. The language of the WCAA is a bit narrower than the FDCPA and allows these bottom feeders to escape.

(2) "Collection agency" means and includes:

(a) Any person directly or indirectly engaged in soliciting claims for collection, or collecting or attempting to collect claims owed or due or asserted to be owed or due another person;

So if they bought the debt you can only use the FDCPA againest them in Washington.

[TakingNoMore]

crappola!! i just noticed this post.

well, they are only left on one report now. I got their a$$es on that factoring company account mess they slapped down on EX and EQ. Just sent in factoring company account dispute #2 to TU and it should be handled hoopefully. Thanks for the info even though I responded late.