bigblue Posted August 21, 2010 Report Share Posted August 21, 2010 i recieved a letter from a "law firm' who say they represent a palasides collections. i have NEVER heard from palasides collections. this is over a old visa bill which is at least 10 years old. my question is, should i DV the law firm, palasides or both? thanks in advance Link to comment Share on other sites More sharing options...
NoMoreCards Posted August 21, 2010 Report Share Posted August 21, 2010 It will be interesting to learn what more experienced people here say. I wouldn't be too concerned unless you're in a state that allows you to be sued after so many years (are there any states that do?!?). I'd imagine these accounts are off your credit reports already, right?I read that collections scum will hound us for years after the statute of limitations expires. I didn't believe it til now. Link to comment Share on other sites More sharing options...
Chapel Hill Posted August 21, 2010 Report Share Posted August 21, 2010 Both. You should also research the other cases filed by this law firm. Please understand I don't know KY law. However in the great state of Cali you could start shopping because this law firm just became your bitch if they file on you. The reason is simple. ITS BEEN 10 DAMN YEARS. You will so beat their a$$ unless of course KY has these really weird laws. Course you're in Ron Paul country so no telling. What you're looking for is a cross action once they engage. This should be worth at least $5,000 to you for maybe 29 to 38 hours work unless you type like a girl like me then maybe 50 hours work just because you type slow and refuse like me to wear your specs.No way these guys can beat you unless KY laws are just very different than most states. They waited too long to file. Link to comment Share on other sites More sharing options...
Randall948 Posted August 21, 2010 Report Share Posted August 21, 2010 Kentucky Statutes of Limitation Recovery of real property: 15 years (KRS 413.0 10). Judgment, contract or bond: 15 years (KRS 413.110). Breach of sales contract: 4 years (KRS 355.2- 725). Contract not in writing: 5 years (KRS413.120). NOTE: Action for liability created by statute when no there is no time fixed by statute: 5 years (KRS413.120). Action on check, draft or bill of exchange: 5 years (KRS 413.120). Action for fraud or mistake: 5 years (KRS 413.120). Actions not provided for by statute: 10 years (KRS 413.160). The only shadow of a doubt you have now is if they try and use the 15 year "contract" statute. Very doubtful they could make this fly but you should look up some case law for your state concerning credit card lawsuits. Its usually well established in a given state which statute of limitations is applicable. check with a local consumer lawyer at www.naca.net and see what they say. And yes DEFINITELY DV them and send it CMRR to document. On a side note if you find out that typically your states 5 year period is applicable start paying a LOT of attention to what they do as their FDCPA violations might be a big help to you. If they threaten to sue when they know or should know that the debt is time barred they violated. read up on FDCPA and any applicable state laws that might apply. If you get them on enough violations and find a decent lawyer then they will very rapidly lose interest in you. Link to comment Share on other sites More sharing options...
Randall948 Posted August 22, 2010 Report Share Posted August 22, 2010 (edited) Checked it out for you at the SSA website.http://ssa-custhelp.ssa.gov/app/answers/detail/a_id/426/~/garnishing-social-security-benefits-due-to-a-debt.It says what you should do there if a creditor attempts to attach these funds.ODD. Forgive the misplace. I meant to post this in some other thread related to SSA garnishing. Edited August 22, 2010 by Randall948 Link to comment Share on other sites More sharing options...
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