Jump to content

Past SOL with New Collection Attempts


iwant2getthem
 Share

Recommended Posts

Hi everyone...let me start off by saying this site has been great to me. The people here have given me hope. I wanted to thank everyone for your help on my court case. Those of you who know knew I was fighting a default judgement against one of the worst bottm feeders. Well, to update that, I won! Even after the "plaintiff" admitted repeatedly they had no documentation and the judge was totally against me, they filed papers to drop the case with prejudice. Txs everyone:)

Now, I have been getting collection letters from Asset about debts which I am very certain are well out of SOL (in MI it is 6 years). The debts are at least 10 years old. I am not sure should I even respond or just leave them alone. If I respond, what should I do? I dont want them to sue me and have to go to court to try and fight them or have them try and sue me somewhere else and get a default. Should I send them a letter saying the action is barred by the applicable statute of limitations? The debts arent even on my credit reports anymore so they are at least past 7 year reporting. Do I dv? or Do I just ignore? I dont want to "wake them" up but dont want them to try and play games with me. Any help is very appreciated. Also, what is the best way to find out the DOLP since they arent even on my reports anymore? Neither is ASSETT either though. Txs

Link to comment
Share on other sites

Did they ever contact you again? I am certain the debts are way past the SOL at least from 1995 or 1996 or 1997. How can I find out for sure since the debts arent reported by the OC or ASSETT? Also, they never sent me aq letter saying they even owned the debt instead sent me 2 different letters acting like they had already told me and were now offering a holiday discount. Should I sue them to get money which I could really use? Do I DV them or what? Txs to everybody..

Link to comment
Share on other sites

Did they ever contact you again? I am certain the debts are way past the SOL at least from 1995 or 1996 or 1997. How can I find out for sure since the debts arent reported by the OC or ASSETT? Also, they never sent me aq letter saying they even owned the debt instead sent me 2 different letters acting like they had already told me and were now offering a holiday discount. Should I sue them to get money which I could really use? Do I DV them or what? Txs to everybody..

That's A$$et's standard MO. Mine read "use your tax refund to pay this off". Problem is I paid $1600 last year in income tax.

Don't worry about knowing for sure. A$$et is a sewage collector. They buy paper for nothing and hope to harass people into paying. Don't worry about DV just send the C&D, tell them it's past SoL and as Retmar said eat maggots.

Link to comment
Share on other sites

Read your last after posting mine.

A$$et is a JDB who will violate at the first chance it gets. Disregard those letters in their entirety. Since they are not showing on your CR, it is obvious they are timebarred. True, A$$et may still report as they try to use the "we own it" attitude to get you to pay. In short, they refuse to honor the original date of delinquency unless caught. As others have said, when you confront them with, say the SOL, they go away. This is why we now say to just send the C&D as was described earlier. Yes, you will include the specific laws that apply. If you want, create your letter and post it here for us to critique. Just omit the personals.

Link to comment
Share on other sites

Grim I know...I had a really tough experience in my local district court. The judge was really a (fill in your own bad words). She ripped me in court and get giving the plaintiff stay after stay to get their documents. I even had to show them my credit report per the judge who then had the nerve to say afterwords well "that doesnt mean the debt is time barred or not mine." I had prove it wasnt. She used the old "is the debt yours and why didnt you pay it?" I told her not only did they have to prove it was moine (not vice versa but that the amount was correctly calculated." Her response was "don't try and win with technicalities I learned from some internet site." the plaintiff then said in ocurt this was the same arguement being espoused incorrectly on this site. Anyways, I won without going back in front of the judge. Now I am getting these from ASSETT. I even found out afterwords the person who signed the affidavid didnt even work for them. Needless to say, they asked for dismissal with prejudice after I overwhelmed them with discovery. The debt

Link to comment
Share on other sites

Yes, they could still sue you, but, again, your defense is the SOL and they never proved the debt was yours. Why you had such a stupid Judge is she was a Magistrate, a wannbe Judge, who has no knowledge of the laws and how they are applied. If it did happen, just clearly state the debt is not yours, and, under your state's laws, this debt is also timebarred. Then add that in some state's, it is a violation to even attempt collection of a timebarred debt, such as California. As to the Federal, one law you would use is FDCPA 807(2)(A), plus all others that apply, including FDCPA 803, which clearly identifies them as a collector even though they now own the debt. therefore, if you are wanting to assure you are better prepared if they do something stupid, sit down now while it is fresh and write down all that happened in the last, then begin your defense now as you have more than sufficient time to find all you would need. Go to Findlaw or one of them, even the FTC and read different cases and complaints to better assist you in your own. True, since you won your last, you definitely know what you can do, and, trust me, we all commend you for standing up for your rights. And lastly, if you did have to face another idiot wannabe, have in your papers the respective laws to ask the court to send this up to a court who abides by all laws.

Link to comment
Share on other sites

Ret-

Txs..I am looking for a c&d template here to use to send them. Theya re funny because they never ever sent me any type of debt or documentation they own the debt or anything at all. now they are trying to be sneaky and send me letters saying they will discount 70% from the amount if I pay now. I never even could have dv'd them because they never sent anything. That is why I am leary about sending anything since they are time barred. I hope they just go away but they probably won't. It is like a hornet's nest. I dont know if I kick it if they will attack or fly away. Txs again all for the help.

Link to comment
Share on other sites

What you might do is consider writing the the disciplinary committee of the Michigan Supreme Court. They are the ones who are supposed to make sure judges and magistrates obey the law as written, and that includes SoL.

Don't offer subjective commentary on your opinion of the judge, they'll dismiss you as sour grapes. However comments like "read on an internet site" and practically making the case for the plaintiffs is improper conduct on that judge.

Link to comment
Share on other sites

Ret-

Txs..I am looking for a c&d template here to use to send them. Theya re funny because they never ever sent me any type of debt or documentation they own the debt or anything at all. now they are trying to be sneaky and send me letters saying they will discount 70% from the amount if I pay now. I never even could have dv'd them because they never sent anything. That is why I am leary about sending anything since they are time barred. I hope they just go away but they probably won't. It is like a hornet's nest. I dont know if I kick it if they will attack or fly away. Txs again all for the help.

A$$et generally flies away when kicked.

Link to comment
Share on other sites

Grim-

Txs for your help. I am researching here for a c&d then I will send it to them. As for the judge, the rumor is she never became a real judge because she has "pissed" on so many people. She put me down in court in front of everyone making comments like my arguments are fiction and dont try and win on technicalities. She even called up the plaintiff's counsel to the bench and said "not to let me get away with it" but forgot to cover her microphone enough and everyone heard it. needless to say, 3 days before court they asked me for a dismissal but tried to pull the old without prejudice but I insisted it had to be file dwith prejudice or we go to court. The same lawyers represent ASSET as well so I am sure they would sue me on their behalf in a minute.

Link to comment
Share on other sites

Retmar - would there be a transcript of the proceedings of this? If that judge really did say those things and told the plaintiff's counsel that about "not to let her win" that's what I would call judicial misconduct. Transcripts are public record, or if anything the disciplinary committee would have access to the transcript.

Link to comment
Share on other sites

Grim, that is a good idea.

Iwant, what you need to know is that if they have only sent you letters offering settlement amounts and none contained any verbiage that meets the requirements for the initial communication, including the mini, 30 day, and so on, it is a violation. You must receive the opportunuity to dispute prior to any offers being made. To include, if it came to it, do not give this away. Remember, if you told them you did not receive one, they could easily make one and stick it in your file. All they have to do to prove one was mailed is to show the court a copy of the letter, with any date prior to the others, and no proof of postage of any kind is necessary. Therefore, if it went to court, you would bring this up and they would have to show this to the court. Read 809© as it will give you the ammo you need.

Here is some info for you. My DW had a Providian. They kept screwing with her so she told them to close and send a closing statement. They refused to do so and charged it off, then sold to A$$et. A$$et sent their initial, which I immediately sent them a letter back telling them in plain simple English what had happened. I then said that upon our receipt of a statement from Providian that clearly showed the actual charges we made on the card with applicable interest included, we would remit total balance immediately. We never heard another word and within a week of their receipt of the letter, the TL was gone at all 3 CRA's. Mind you, this happened near two years ago and we have heard nothing from anyone.

Link to comment
Share on other sites

Grim, I would think so as all is public record, but, how long it takes to become availabe is what may take some time. Remember, file, transcribe, file, lose it, find it, etc. I'm sure glad you have your cap on today. This is the greatest idea I've heard in a while.

Link to comment
Share on other sites

Iwant: Remember this above all - our judicial system is purely adversarial. It's not an advocate system. It comes across as "Equal Justice for All" but in reality it really preys upon the weak and the easily intimidated. In order to succeed in court you have to be arrogant, forceful, and extremely persuasive to the point of belligerence.

Why do you think first day of law school they teach aspiring lawyers to ask questions like "Do you still beat your wife?"

Link to comment
Share on other sites

txs for the advice..I knew my stuff but froze when was confronted....I have to try and stay strong....should I just be arrogant in my tone in my c&d letter? Should I make any types of threats like I will be forced to sue, blah blah or just say the action is time barred cease&desist all activites..txs again for all your help

Link to comment
Share on other sites

Also, keep a copy of that transcription. If you wind up in that judge's court again, file a motion to recuse, claiming that you do not feel you will get a fair and impartial hearing in front of that judge.

If the rules of civil procedure are similar to the ones here, and she does not recuse herself, she is in prome territory to have any verdict she makes against you thrown out on appeal.

Link to comment
Share on other sites

I am just working on this credit stuff and have been lucky so far at first as my hard work had paid off but since I have started fighting I have now been contacted by long since dead creditors so it is like they now know I am alive and coming back after me. I will c&d Assett but post the letter here for review.....txs again everyone...

Link to comment
Share on other sites

So then she gets overturned on appeal. Then you sue asset for all of the costs for the violations and legal costs in FEDERAL COURT, where the judges know the law.

Reaging is illegal. They would have to forge documents or commit perjury to do otherwise. Besides, simply pointing out that a suit is time barred is not an admission of guilt.

To the court:

"Defendant asserts that this action is time barred by state statute 123.456(a)."

or

To Asset:

"According to the infomation you provided, this account is time barred by the Statute of Limitations of the Commonwealth of Rhode Island, therefore I request that you cease and desist all communication with me concerning this account."

See, you admitted nothing.

Link to comment
Share on other sites

OK ... In your nastygram to A$$et ...

1. This is neither an admission or denial of owing this debt. This is strictly informing you of the status

2. This debt is timebarred by statute if it were to be mine

This judge is obviously in the CA's back pocket. Remember in MI a lawyer got sent up the river for collaborating with judges that he was friendly with, performing sewer service and filing false affidavits of service and getting the quickie defaults.

If you draw this judge again, I would draft a motion to request this judge recuse herself from the bench for this case and point out the previous case where this judge was trying to make the case for the plaintiff. If that don't work threaten to take action before the disciplinary committee of the Michigan Supreme Court.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.