Newbie needs HELP PLEASE

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I'm a newbie and don't kow what I'm doing. I got a collections letter threee months ago that said they were trying to collect a debt for Verizon phone bill that wasn't paid almost five years ago and I had thirty days to respond. I sent a DV but made the mistake of not sending it return receipt so no response. I sent a second letter a little over a month later (CMRR) and got a response 60 days later with the Verizon phone bill as a validity of debt (sent to me regular mail) and no letter verifying that they received either letter before sendingme the actual bill. I don't know what to do next? Since they didn't respond in thirty days after the second letter was sent CMRR do I ask them to cease collections and send a letter to the three reporting agencies? I'm really confused. Don't they have thrity days to respond or you can have them deleted and stop collections?

Thanks for taking the time to help me.

[2001Badyear]

First welcome.

You have been fortunate, like the rest of us, to find the best site for this type information anywhere. Standard is to tell you to go through the stickys at the top of the pages and do searches as likely much of what you may have questions about has been answered before.

If you have the letters from months ago you're doing what's refered to as an untimely DV. They do not even have to answer it.

First step is and should always be to pull CRA's (all three) then dispute what's on them. Wait for results to come back. Depending on results, DV the CA's.

Seriously, and we've all had to do it, read through the threads and when you figure out a few things (do searches) then come back and ask specific questions and any of us will try to answer.

[Elrey26]

Good luck. Newbie here as well, but I think your next action would be to DV the CA via CMRRR and when you receive your receipt, dispute with the CRA's... If the CA verifies with the CRA's while you've disputed the debt this is a violation, of which you need a few to really have a case. After a few you send, CMRR, an ITS and demand deletion. If necessary file suit. If I'm wrong please, someone, correct me... The best advice I think is to be a freak about documentation, and that you should approach the entire process as though you are preparing a case to go to court, because in some cases it may go that far... Good luck buddy and keep us posted...

[2001Badyear]

Good luck. Newbie here as well, but I think your next action would be to DV the CA via CMRRR and when you receive your receipt, dispute with the CRA's... If the CA verifies with the CRA's while you've disputed the debt this is a violation, of which you need a few to really have a case. After a few you send, CMRR, an ITS and demand deletion. If necessary file suit. If I'm wrong please, someone, correct me... The best advice I think is to be a freak about documentation, and that you should approach the entire process as though you are preparing a case to go to court, because in some cases it may go that far... Good luck buddy and keep us posted...

That's what is commonly referred to here as a "1 - 2 punch" You can search the term and find lots of information on it.

[Elrey26]

Thanks badyear... have you tried this approach with any success?

[brokeinok]

I've had a bit of success with the 1-2 punch.... sometimes it takes a couple of rounds of punches.

One important point you need to look at is the SOL for this account in your state.

[2001Badyear]

Thanks badyear... have you tried this approach with any success?

My situation does not require me to do so, but many on this site have done so with great success, like Broke says above. There are lots of cool little tid-bits you pick up on while reading through the threads.

[isislc]

I'm a newbie and don't kow what I'm doing. I got a collections letter threee months ago that said they were trying to collect a debt for Verizon phone bill that wasn't paid almost five years ago and I had thirty days to respond. I sent a DV but made the mistake of not sending it return receipt so no response. I sent a second letter a little over a month later (CMRR) and got a response 60 days later with the Verizon phone bill as a validity of debt (sent to me regular mail) and no letter verifying that they received either letter before sendingme the actual bill. I don't know what to do next? Since they didn't respond in thirty days after the second letter was sent CMRR do I ask them to cease collections and send a letter to the three reporting agencies? I'm really confused. Don't they have thrity days to respond or you can have them deleted and stop collections?

Thanks for taking the time to help me.

You say this was almost 5 years ago? What does the bill say? If it is 5 years, then hunny you don't have to worry. You send them a nice little letter back saying thank you for your response.

"This letter is to advise you that this debt is time barred and has since expired per California state law on statute of limitations. Please be advised that I demand you cease any attempts to collect this debt.

I also demand that you cease any attempts written or otherwise to contact me at my home or place of employment, which is against company policy. Phone calls to my home are recorded and the receipt of this letter is an acknowledgment to that fact. If you decide in attempting to pursue this legally, it will be a waste of time for the court system and I am sure it woul not be taken lightly by the presiding judge. Thank you and have a nice day."

[Elrey26]

Nice Isis... I'd LOVE to send that letter out:mrgreen:

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Thank you to everyone who is kind enough to help a stranger in need. I'm so glad I found this site. I didn't mention it but I have gone through a lot of threads trying to find answers before this post and it's either too confusing or it's not specific enough to my situation. So I'm supposed to dispute with the three CRA's first?

To ISISLC

Is Sol the same as "time barred"? So the SOl on a verizon bill (residential) would be the same as an Open Acct: No writing 2 (see below)? The actual bill the CA sent says March 2002 (final bill). Here is what I think you're talking about:

STATE: CALIFORNIA †

INTEREST RATE

Legal: 10%

Judgment: 10% (Unless otherwise contracted)

STATUTE OF LIMITATIONS (IN YEARS)

Open Acct.: Reduced to writing-4

Open Acct.: No writing-2

Written Contract: 4

Domestic Judgment: 10 (renewable at 10)

Foreign Judgment: 10 (commencing with judgment debtor's commencement of CA. residence.)

BAD CHECK LAWS (CIVIL PENALTY)

Amount due, treble damages - minimum $100 maximum $1500 per check.

GENERAL GARNISHMENT EXEMPTIONS

See federal law. Exemptions for necessaties of life.

COLLECTION AGENCY BOND & LICENSE

No license or bond required.

What does Open Acct: reduced to writing 4 & Open Acct: No writing 2?

Written Contract: 4 means an actual contract that has your signature (correct me if I'm missing somehthing)?

I understand the number means years it can stay on your credit report and then it has to be removed right?

[Amerikaner83]

No. SOL is the amount of time someone can come after you to sue. The time something stays on your report has nothing to do with SOL, and taht time frame is around 7 years.

CA seems to think that credit cards, and things like Verizon bills are considered written contracts (as you signed a contract with verizon before they set up service for you, no?)

[**star**]

Thanks for the feedback.

So what is time barred?

I didn't sign anything. Phone service can be turned on over the phone. I am so confused! I keep reading throught he threads and I still don't know what to do next. I will list exactly what's on my report because I don't know how to read it and what to do next because of the dates listed, etc. PLEASE ADVISE.I don't have a lot of stuff to get deleted just don't know what to do next.

Here is what is on my report Jan 2008:

1) JJ Mac 3/2002 1/2008

$335.00 now $559.00

DLA= 1/2008

Del Dates= 1/2008, 1/2008, 12/2007 = 1

PP Start Date = 1/2008

MEDICAL

2)Fin Cr Network 2/2003 - 6/2006

$206 now $206

DLA 12/2001

Del Dates 1/2002, 1/2002 = I

PP Start DT = 12/2007

Water service

3) American AGC 3/2002 - 12/2007

$125 now $204

DLA 12/2007

DEL DATES = 12/2007, 12/2007 = I9, 11/2007 = I9

PP START DATES = 12/2007

MEDICAL

4) Progressive Mgmt 12/2003 - 1/2008

$50 now $65

DLA 1/2008

Del Dates 1/2008, 1/2008 = I9, 12/2007 = I9

PP Start Date = 1/2008

Medical

5) Trojan Professional 2/2002 - 7/2006

$52 now $52

DLA 7/2006

DEL DATES = 9/2005, 9/2005 = I9, 8/2005 = I9

PP START DT = 9/2005

MEDICAL

6) Valley Creditors 6/2005 - 2/2006

$20 now $22

DLA 2/2006

DEL DATES = 2/2006, 2/2006 = I, 8/2005 = I

PP Start DT= 2/2006

Phone bill MPOwer

7) RJM ACQ LLC (PAID COLLECTION) 5/2007 11/2007

$566

Sprint cell phone bill

Sprint collection before I came to this site so I didn't know that I shouldn't pay it. CAN YOU GUYS TELL ME WHAT TO DO PLEASE........I AM REALLY CONFUSED.

[Amerikaner83]

OK.

Take a deep breath.

"Time barred" simply means legally, they have a certain amoutn of time to sue you over a debt. It's also called SOL (Statute of Limitations). It means thy can't sue you 20 years after teh fact...they have to do it within a certain amount of time. In California, that "time" is 4 years, i do believe.

What that means to you is this: You can tell them to Stop calling you and trying to colelct this debt, and they have to do so. If they try and sue you, you have waht's known as an "absolute defense". SOL.

Does that make more sense?

[2001Badyear]

Amerikaner, you said:

Time barred" simply means legally, they have a certain amoutn of time to sue you over a debt. It's also called SOL (Statute of Limitations)

Aren't the terms "Time barred" and "SOL" entirely different?

SOL is just the amount of time in which you can be sued and to which you have no affirmative defense. That is, you can be sued in most states even decades later, but if you go to court and raise SOL as an affirmative defense, case closed and you walk.

I thought "Time Barred" is a limitaion some states have on how long any one can continue to pursue a suit, SOL or not?

[Amerikaner83]

No. What you refer to is "statute of repose". Technically, that is another FORM of "time barred"...

I suppose "time barred" can refer to both SOL and Statute of Repose...as it could apply to both meanings.

[2001Badyear]

Statue of repose was the term I was looking for. thanks, I stand corrected.

[Amerikaner83]

no worries.

And For the record, WI and MS are the two states that have a statute of Repose. What the Statue of Repose does, is extinguishes your debt, once the SOL has passed. For Example, in WI, if something has a 5 yr SOL, then at 5 years and one month, if someone tries to even collect it, you can sue them.

I've heard that CA also has one...but you'd have to ask Retmar about that one. I have yet to read back to those threads (year old or so)

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You're right I do need to slow down.

Okay I'll send the letter. Can I get your advice on the other accounts I have? If you look at the accounts I listed, which date do I go by when if I want to use the "time barred" reference?

If I can't use time barred on some then do I send a dispute letter to the CRA's and the collection agencies and just take it from there?

Last question, is that you in the picture and are you sitting in a plane? Just asking because I work in aviation and it looks like you're sitting in the pilot seat.

[Amerikaner83]

LOL

Yes that's me. Yes it is. It's a T-6 Texan, WW2 era trainer. Family bought a flight for me for graduation from college.

And for "time barred"...you would use the DOFD - Date of first delinquency...basically when you stopped paying as a general guide to tell when SOL is expired.

If some are still within SOL - some may advise not to DV them if they haven't been harassing you (waking the sleeping giant...), and I agree with that.

[**star**]

Nice

j/k

That makes sense but I am working on getting approved for a home loan and need to get these itmes deleted. The lender said that has to be done before I can get aapproved.

So do I "not mine" the CRA's in hopes that they get deleted. If they get verified then DV the CA's and look for errors or PFD?