dtronx Posted July 7, 2008 Report Share Posted July 7, 2008 I keep getting letters from Leasecomm for an alleged debt that I owe. When they tried to sue for the equipment that was past the SOL based on the Uniform Commercial Code statue the time limit is four years.The attorney's for Leasecomm sent me the paperwork stating that they dismised the case without prejudice without costs or fees to any party.Today I received a letter in the mail from them stating that the account is seriously past due and to avoid further collection effort and expenses, including legal fee to please remit immediately as states a balance and the states interest on judgment award.How is this possible? What judgment award, the case was dismissed. Why without prejudice I don't know since they can't bring legal action against me again because it is out of SOL.Can I send them a cease and desist letter or because it is a commerical contract and falls under the Uniform Commerical Code it's not applicable. They say they don't have to follow the FDCPA I don't know if that is true or not. Link to comment Share on other sites More sharing options...
flacorps Posted July 7, 2008 Report Share Posted July 7, 2008 Whenever Leasecomm is involved my recommendation would be to contact your state's attorney general ... it's likely they have plenty of experience and expertise with Leasecomm. Link to comment Share on other sites More sharing options...
dtronx Posted July 7, 2008 Author Report Share Posted July 7, 2008 Thanks for the info I see they had to give up like $25 mil in Florida, Texas, & Mass. for their collection practices. Link to comment Share on other sites More sharing options...
Robert Nashville/Savannah Posted July 7, 2008 Report Share Posted July 7, 2008 Regardless of the specifics issues with this collector/JDB, a debt being past SOL does not prevent a creditor from trying to collect, virtually forever..A debt being past SOL also does not prevent a creditor from suing you (the debt being past SOL is a defense when you are sued, it does not prevent a suite).The fact that the prior lawsuit was dismissed "without prejudice" means they are free to re-file the suite later (had it been dismissed with prejudice then they could not re-file).I would advise you to be certain of the SOL...most states have their own laws regarding SOL...the Uniform Commercial Code may be uniform but it is NOT universal! Link to comment Share on other sites More sharing options...
dtronx Posted July 7, 2008 Author Report Share Posted July 7, 2008 Well talked to a lawyer and that's why they dismissed the case because it was out of SOL for my state under the UCC. Not to mention when I files my answer I filed my notice of depositon of fraud in which they requested and letter of certification. They said they supposedly did a fraud investigation but have no paperwork to back up that they actually did an investigation.I know this is stupid now but there is no way I can get the dismissal without prejudice change to dismissal with prejudice? They said that everytime they file a dismissal that is the same one they always give to people. Link to comment Share on other sites More sharing options...
Robert Nashville/Savannah Posted July 7, 2008 Report Share Posted July 7, 2008 Well talked to a lawyer and that's why they dismissed the case because it was out of SOL for my state under the UCC. Not to mention when I files my answer I filed my notice of depositon of fraud in which they requested and letter of certification. They said they supposedly did a fraud investigation but have no paperwork to back up that they actually did an investigation.What exactly do you mean? Who committed the fraud and/or what specifically was the "fraud"?I know this is stupid now but there is no way I can get the dismissal without prejudice change to dismissal with prejudice? They said that everytime they file a dismissal that is the same one they always give to people.Who exactly is the "they" you are referencing?Did the court actually "dismiss" the case or did the plaintiff withdraw their case? If it was the court's decision then they have 100% control of the process; if the plantiff simply withdrew then the court probably just went along with it so there was no finding of fact and no basis for the court to dismiss with prejudice. Link to comment Share on other sites More sharing options...
dtronx Posted July 7, 2008 Author Report Share Posted July 7, 2008 Leasecomm sent me a paper for an affidavit of forgery when I told them I never signed a contract with their company. The paper they sent me was a list of question that they wanted me to answer so I guess they could do an investigation. When I filed my answer and I included the affidavit of forgery as requested by them and their attorney's. The plaintiff (Leasecomm) withdrew the Motion for Summary Judgment and also filed a notice of dismissal too. Link to comment Share on other sites More sharing options...
Robert Nashville/Savannah Posted July 8, 2008 Report Share Posted July 8, 2008 Obviously, you can't do anything about it now but you should NEVER send a CA/Debt collector attorney, etc ANYTHING unless ordered to do so by the court.If this account isn't your account (which seems to be what you are claiming) then you need to file the proper FEDERAL ID Theft form with the FTC and I'd also advise filing a police report and send copies of each to this creditor/CA/JDB and to any of the bureaus if they are reporting the tradeline.That should kill this pretty much instantly. Link to comment Share on other sites More sharing options...
dtronx Posted July 9, 2008 Author Report Share Posted July 9, 2008 Ok thanks for the help. Link to comment Share on other sites More sharing options...
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