Jump to content

Does a JDB have endless access to reports


agin
 Share

Recommended Posts

Started reading here a few months ago for a different reason and then got a colletion notice that got my attention.

January 1999 my brother got a major brain injury and I became his guardian. Ten years later I get a collection notice[LVNV][4 years past SOL]. I then decided to get the credit reports and found several JDBs getting info well after SOL.

Is this allowed under the FCRA.

Can his credit info be completely be locked to input and output as he cannot enter into any type of legal agreement since I have guardianship?

I do not get paid for looking after his affairs and think that 10 years is more than enough to be attacked by these jerks.

Should I seek legal action as every thing I can collect is less that our family has to contribute to help subsidise his monthly living costs

Great site thank you

  • Like 1
Link to comment
Share on other sites

Started reading here a few months ago for a different reason and then got a colletion notice that got my attention.

January 1999 my brother got a major brain injury and I became his guardian. Ten years later I get a collection notice[LVNV][4 years past SOL]. I then decided to get the credit reports and found several JDBs getting info well after SOL.

Is this allowed under the FCRA.

Can his credit info be completely be locked to input and output as he cannot enter into any type of legal agreement since I have guardianship?

I do not get paid for looking after his affairs and think that 10 years is more than enough to be attacked by these jerks.

Should I seek legal action as every thing I can collect is less that our family has to contribute to help subsidise his monthly living costs

Great site thank you

They can legally collect even if the SOL is past on most states. Just C&D anyone that contacts you. You may want to check with an attorney to see if you can or should notify creditors or the CRAs that he has been legally incapacitated. You should, theoretically, be able to lock his credit files.

Link to comment
Share on other sites

I think there was a debate about this recently. Some are of the opinion that once the debt is out of SOL then there is no more permissible purpose because the debt is out of SOL. I don't actually know but you should do a search for "permissible purpose" and see what you find. It may have just been a state-specific post that I'm remembering so do some searching.

Good luck! :)

  • Like 1
Link to comment
Share on other sites

I think there was a debate about this recently. Some are of the opinion that once the debt is out of SOL then there is no more permissible purpose because the debt is out of SOL. I don't actually know but you should do a search for "permissible purpose" and see what you find. It may have just been a state-specific post that I'm remembering so do some searching.

Good luck! :)

Interesting, if the debt is out of SOL it is technically, the JDB has no grounds to collect the debt. So i would think they no longer have permissable purpose!

Link to comment
Share on other sites

Interesting, if the debt is out of SOL it is technically, the JDB has no grounds to collect the debt. So i would think they no longer have permissable purpose!

That's how I feel about it, but how I feel about it has no bearing on what the law is. :lol: I'm starting to think the discussion I'm thinking of had to do with California law, where I believe it is actually a violation to even attempt to collect on a SOL debt.

Link to comment
Share on other sites

Thanks for the replies.

ALVA

Law required me to contact everyone that did business with him and give them copies of guardianship papers. SOL is 6 years how can they collect after that?

SHADOKEEPER

I have C&Ded time after time they just pass it alongto someone else. I agree with your second post, I just can't find it clearly defined anywhere.

DEANNATX

Did the search and did not get anything that was very clear.

Thanks

agin

Link to comment
Share on other sites

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=293396&highlight=PERMISSIBLE+PURPOSE

Check out Lescasbas's post in this thread right here. Be aware that not everybody agrees with his/her interpretation of this though. I tend to agree but I'm no expert. There are some states, (CA, NC, etc.), that do not allow credit pulls, collection activities, etc at all after the SOL has passed but I'm not sure if IN is one of them. I'm leaning towards the opinion that it is not.

-------------------------------------------

And Retmar's post in this thread:

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=292883&highlight=PERMISSIBLE+PURPOSE

-------------------------------------------

And then visit this link as well: http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=292647&highlight=PERMISSIBLE+PURPOSE&page=3

It doesn't apply entirely but I think you'll find it valuable as well. Page 3 is especially interesting.

Link to comment
Share on other sites

DEANNATX

Interesting reading. As far as everyone not agreeing with all of it, well that just sort of points out that most of what is posted here is opinions and it is our job to sort it out. If you do not know both sides of things how can you figure anything out?

I do tend to agree with you.

Thanks for the links.

agin

Link to comment
Share on other sites

I happen to have the opinion that if there was permissible purpose there is always permissible purpose as long as the debt is collectible and, except for two states or in the case of a discharged debt, a debt is always collectible; a debt being OOS only limits the ability to collect through civil action.

That said, it would probably be more helpful for the OP to look for any case law on the issue; it would be a lot more on point than anyone's opinion.

Link to comment
Share on other sites

DEANNATX

Interesting reading. As far as everyone not agreeing with all of it, well that just sort of points out that most of what is posted here is opinions and it is our job to sort it out. If you do not know both sides of things how can you figure anything out?

I do tend to agree with you.

Thanks for the links.

agin

You're very right. It's always good to have alot of input so you can figure things out huh?

Regarding your situation, if you really don't want the CA's bothering you or your brother then I would just send them a C&D letter. As far as the pulling of the credit reports, maybe you could send the CA a letter explaining they no longer have PP, (perhaps cite the statute listed in those threads I gave you), and it may or may not work.

As far as sueing them, at this point, I don't think you should. If after you send the C&D, they start really harassing you or something like that, then yeah I'd go after them. But you want a really strong case if you are going to sue them. Right now, I just don't think you have that.

I wish you and your brother the best!

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.