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Out-of-state collection agency...


Grioghair
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I live in Indiana.

I have an expired Credit Card debt from the UK. I defaulted four years ago, and was never in a position to resume payments. I wrote to the CEO of the bank two years back, and they decided not to pursue me anymore. I had a letter to that effect. They apoligised for any undue stress they had caused me.

About two weeks back I received a letter from a collection agency out of Illinois - CCB Credit Services. I had received no notification from the bank about this change of policy. I have written back to the bank for confirmation - and re-confirming my financial position.

In two years this reaches the statute of limitations - under UK law. The creditor - according to CCB - is now a company called Link Financial. Until the other week, I had never heard of either of these companies. I have a friend in England who has never heard of Link, either.

I have written to Ladynred about this case - she knows about this from several years ago. However, as she deals with so many cases, she might need a refresher.

Right...this is an out-of-state collection agency that I have never heard of in my life. I have had no letter from my bank about this. I have taken the step of writing to my bank's solicitors, and to the new ceo - as the original ceo retired last year. I await those replies.

After that, I intend writing to Link and CCB. I have phoned CCB about a week back. Mainly because my wife was a nervous wreck about a matter she presumed was resolved two years ago. Can anyone give me any feedback about this, and how I should proceed.

The figure is about $10.5K - although they have said they would settle for 9K.

Any feedback is greatly appreciated,

Steve

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thats the thing about sol i dont get...

is it out of SOL in indiana? you said you defaulted four years ago, it count by the last payment you made right? how do you find this out anyway? ... if they sue you here, then its governed by our laws, in indiana... and thats where they have to sue you because you live here.. right?

i have some ccs from florida, their SOL is 4 years, can i argue in an indiana court that its out of SOL, for the state i lived in when i signed the contract?

or in an extreme case... if i still lived in florida, and they sued me i could win b/c its out of SOL but then if i moved to say indiana, could they sue me again, under a different set of rules?

can i lie to the CA and tell them i still live in fl, and thats its out of SOL so to bug off?

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First, the FDCPA gives the creditor the choice of where to sue...either the state in which the debt was incurred, or the state in which you currently live. If they sue in the former, then they have to "domesticate" the judgement to the latter before they can take any of your money. However, each state has their own laws about how easy all of this is to do. Sometimes state law allows for the "tolling" of the SOL period...if you leave the state, the clock stops until you returns.

In general (although this is by no means universal), creditors choose to sue you in the state in which you currently live. And, in general, the SOL laws of that state generally apply to only suits brought in that state. There are exceptions...some states' laws give "automatic" preference to the laws of other states.

So, the bottom line is...there is no easy answer to these questions. You need to check the specific SOL laws of your state to know for sure where you stand.

And, if there is this much confusion when it comes to moving from one state to another, guess how difficult it is to generalize about what happens when you move from one country to another.

To the OP...my guess would be that while the OC in England agreed not to purse the debt themselves, they may have sold it to a JDB in the US.

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If the bank still owns the debt then you might be able to get some resolution there; especially with a promise form the then bank CEO not to pursue the matter. However, a promise not to pursue is not legally enforceable; at least not in my humble opinion.

More likely, however, is that this debt was sold to some JDB with a bunch of other debts they bought meaning you have a brand new debt owner to deal with and any promises made by the former debt owner is probably a non-starter. That means that you treat this debt like any other debt bought by a JDB and start to DV process,

However, as has already been said, this is a complicated issue and probably not one that’s going to be solved overnight or easily – I’d get started with the DV process, see how this JDB responds and be ready to retain an attorney if need be.

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