"Newbie" with a ?

Discussion in 'Credit Talk' started by TM, Aug 5, 2002.

  1. TM

    TM Member

    I have been lurking on this board & reading, reading, reading as I so often saw suggested. However, I have a question that I am unable to find an answer to & hoped one of the "Veterans" could nudge me in the right direction.

    On 8/31/92 I moved from an apt & subsequently was charged $2100 for breaking my lease. I fought this over the years & wrote disputes to the CB, CA, Apt Mgmt & Attorney General to no avail. Due to the extreme disputing, I was still able to purchase my home. This debt was scheduled to come off my report 1/01 (after reaging occurred) & as of today, is off of 2 of our reports. Still awaiting the 3rd one in the mail.

    I just got a letter from the CA threatening to legal action (i.e. garnishment, liens & seizure, if applicable in my state) This is total BS. I know that these people have far exceeded the SOL for both the state in which the apartment is located, as well as the state that I currently reside. They are now starting to leave messages on my answering machine as well.

    Isn't this illegal to threaten me with something that they legally cannot enforce? What can I/should I do? I have not called them yet, but Im itching to give them a piece of my mind. Please help me out with this, I promise that I will research the board more thoroughly before I bug you again. Thanks.
     
  2. Dani

    Dani Well-Known Member

    TM

    I probably am not the most qualified to answer this, but I would send them a cease and desist letter (can be found all over this board). The cease and desist letter will basically tell them to stop all contact with you and to basically shut-up.

    I hope this helps and good luck. :)

    Dani
     
  3. cable666

    cable666 Well-Known Member

    The SOL does not prevent a plaintiff from filing a lawsuit, or even winning one. The SOL has to be used by the defendant to have the suit dismissed.

    Therefore, the CA *CAN* file a lawsuit if they wish. If they do, it is up to you the defendant to envoke the SOL as your best defense.

    So their threats of a lawsuit can be carried out.

    Just send a C&D. If they are stupid enough to sue, then envoke the SOL. End of story. Don't even bother with anything else.
     
  4. kbanger

    kbanger Well-Known Member

    This SOL question that no one ever seems to answer. Is the SOL for the state it was incurred or for the state you live in now. Can anyone truly answer this. It would help a newbie like me.

    Bangin on to better credit.
     
  5. gib

    gib Well-Known Member

    I would hope they would sue. A countersuit would be in order, and I'd love to see the look on their face when the judge granted attorney and legal fees incurred.

    Gib
     
  6. TM

    TM Member

    Thank you for your responses

    My last contact with this company over 2 years ago, I begged them to sue me. I told them that would be the only way that I'd ever pay them. I didn't think that they would get a judgement on me then, only because of the time that had elapsed. But, after reading one of the responses, I guess I was wrong about that.

    We gave notice to the apartment that we were moving & paid an additional months rent & surrendered our security deposit to get out of the lease. That was long before I knew to GET EVERYTHING IN WRITING. The Management company changed & for some unknown reason our account was amongst the drawer that they cleaned out.

    This leads to another question, can they re-insert this back on my CR again, with a new age? I never was able to get it removed before, I just had to wait for the time to expire...........geez, these people are really getting on my nerves, they won't go away!!!!!

    Thanks again for taking the time to respond
     
  7. sassyinaz

    sassyinaz Well-Known Member

    TM,

    From the FDCPA located here: http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#806

    § 807. False or misleading representations [15 USC 1962e]

    A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

    (4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.

    (5) The threat to take any action that cannot legally be taken or that is not intended to be taken.

    Sassy
     
  8. ohnostuck

    ohnostuck Well-Known Member

    I would not waste my time in court, A simple letter stating the following would work well. Of course I wouldn't myself but what the hell :)

    Please do not contact me via telephone regarding this debt. I request that any comminication with me regarding this debt only be sent via mail.

    According to the information you have provided this debt is from 1992. Your company has bought a stale collection and has changed the date of last activity. The statue of limitations has far passed. Your threats of legal action (i.e. garnishment, liens & seizures) stated in your July xx, 2002 letter will get you nowhere. Are you aware that you may not make threats to me unless you have full intentions of doing these things? Please pull out your dusty handbook and turn to the FDCPA. IMMEDIATELY remove this information from my credit reports or I will be forced to be the one taking legal action. You are in clear violation of law.

    type your name don't sign it

    BTW- THIS IS A JOKE. PLEASE DON'T SEND THIS EXACT LETTER...:) I am no good at writing letters but I would send some smart butt letter to them.
     

Share This Page