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SOL Collection attempts


kel
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I recently read in one of the other threads that in most jurisdicitions it is a violation for a CA to threaten legal action on a time barred debt. Can anyone tell me right off if this is the case in Kansas? I should probably call the AG's office to be sure. Just thought someone here might be able to confirm. Got a letter from First Resolution Management saying they have turned the account over to a legal liason who is acquiring account information from the original creditor and that this information will be forwarded to a lawyer in my area for legal action. The debt has been time barred for about 9 mo. now. I requested DV on this debt and did not mention anything about the SOL. They responded with minimal information but stated that when they receive the account information from the OC they would forward it. Also asked that I call them to confirm receipt of their letter, which I will not do, but I will write them, maybe.

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willing is correct as usual... I had a laywer try to sue for something time barred.. when I mentioned it he said "heck we sue on things over a decade old" the reason is the average debtor is not aware of the SOL and many times will never even show up in court.. so its a slam dunk for them.. much like shooting fish in a barrel... so they win unless you show up and bring it up as an affirmative defense.

the one that tried to sue got a nasty letter from my laywer.. noting that we were out of SOL that pretty much ended it right there...

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No need to call your AG. Besides, they will not usually respond properly to your question. I sent one to mine here and got a generic to ask my attorney.

FDCPA 807(2)(A) is quite clear on this matter. It says "character, amount, and "legal status" of any debt". If debt is timebarred, it has no legal status. In short, the OC/CA sat on their duff and now it is too late.

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Whether the letter is actionable depends on the Circuit. I'm not sure about Kansas. The case law I've seen says there is nothing wrong with demanding payment on a post-SOL debt, but threatening to sue on a SOL debt is actionable. Sounds like they are threatening.

I was not aware of that.. is that a federal statute? i was under the impression they can still sued and the SOL was then used to be as an affirmative defense..

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i was under the impression they can still sued and the SOL was then used to be as an affirmative defense..

That's why lawyers get to charge so much...there's always little nuances that they can pick away at.

Its my understanding that yes, someone can sue for a SOL debt, they just can't report it on your CRs because its not a valid debt according to the FCRA. So...if they sue, you raise SOL as a defense. If they report, you sue.

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SOL debts can still be listed for the entire 7 year period. For example, the SOL in FL is 4-5 years. Out of SOL debts can be listed betond that.

Even IF something is wrong on your CR, you can't do anything about it, unless it is incomplete or inaccurate AND the furnisher has failed to investigate under s-2(B)

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:confused: I have several Medical Collections on my CR.Most of them are

noted to be removed 11/07 or 12/07.My questions is should I pay these or

wait for the removal date ? I have gotten different opinions and I'am confused.:?: I'am on a limited income so every penny is needed.I'am trying to

clean up my CR.Thanks for any suggestions

karenr216

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Please note that I am new so may not be the best advice giver, but I've been reading up for my own situation that is somewhat similar (alleged debt that should be falling off CRs in about a year.)

You should read some of the threads on removing collection tradelines and do a search for PFD - that's pay for deletion. The basic jist is that paying off something old like that actually hurts your credit score because it takes something bad but old and makes it something bad but new (with the new activity). So you'd want to try to negotiate with the CA that you would pay and in return have the entire tradeline deleted (instead of it still appearing but shown as finally being paid off.) Make sure you get something IN WRITING from the CA and don't talk talk to them on the phone ever.

My understanding is that either way (whether you let them be or paid them off) they would still drop off at the 7.5 year mark.

Statute of limitation is something else you'd have to worry about. ie, even if you do nothing and they drop off, the CA could still come after you depending on the SOL involved.

Again, this is just stuff I've gleaned in the last couple of weeks as a newbie, so better advice will hopefully come from the many helpful, knowledgeable people on here, but that's what I've learned so far. Hopefully someone will be along to correct any misinformation I've given.

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Yes the SOL is a defense and you must answer the complaint and show up in court, but you should also make a motion for a with prejudice dismissal, based on the debt being time barred. If you just let the case fall off the docket(this happens when the JDB knows you will fight and doesn't proceed) then another JDB can come after you later. lots of cases are dismissed in colorado when the Debtor fights back and the JDB just stops pursuing the case. MOral of the story is they start it, you finish it, for good.

this type of judgement (in your favor) will prevent further JDB's from sueing you and result in an imediate dismissal since the case has been dismissed with prejudice, there is no more handing it off to another JDB forever and ever, I'm not sure if it's true but you may be able to use this judgment to remove items from a credit report, maybe, it's not even be legal for the JDB to sell the debt after he has lost the case.

I had two providian debts one ended(the larger one) up at the court house after the JDB ATTY found out I would fight back he motioned for a with prejudice dismissal (both debts were not yet SOL) I had filed a counter claim. I've used the judgement to run off two other JDB's (the smaller debt) based on the fact that I will file the same counter claims against the same company if they try and sue. I've recieved two letters of intent to drop the collections, SOL is up in a couple month's

I personally if I lived in a state with a definite SOL (Like colorado) wiould file a counter claim to keep the case from just getting passed on

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