There's a medical collection account for $120 on all three of my reports and the the CA is not willing to deal. I am willing to pay in full for removal, but CA is only willing to update as paid (as if they had a choice) Any strategies... I have disputed on all three keeps coming back verified...In about 4 months the debt will be legally unenforceable. Should I bide my time and try in 4 months for removal for payment or should I just pay it. dnsatt
I'd say no deal. Remove or screw 'em. 4 mos. is nothing. I'd try one more time to deal w/ them....not via phone, but a letter stating "hey, I'll pay your measly $, but I need written agreement stating you'll delete." My 2 cents DB
I have the same situation going on with a $100 medical bill collection. I spoke with a front-line person and manager and both say they cannot remove the derog for a payment in full. I read over and over that paying something that is already 3 years old will start this account all over again with the date of payment being the "last activity" date resulting in a decrease in FICO score. So unless your applying for a mortgage tell them to kiss your feet.
You've read correctly. They can kiss your feet...I will never understand the point of attemping to collect these old small accounts, but oh well.. Again....and Breeze, I'm looking for backup here if you see this, these both are almost worth the Lizardking letter...simple, to the point, and enough to make them get the point. DB
DB.. I felt the same way screw'em especially since they were so nasty...well the manager. Tommyy the lower level person was willing to do it but the manager was not! Great point about starting the reporting period over. I forgot about that. Ok I will try one more time by letter and see what happens otherwise... Thanks yall
http://consumers.creditnet.com/stra...7&highlight=validation+proof+letter#post68417 HOPE THIS IS WHAT YOU WANT...
Is there a time frame where you dont have to pay back a debt even though you owe it? what is the time frame? You said it will soon be legally unenforceable soon.
When you say it's going to be legally unenforceable in about 4 months. If you are thinking about depending on the state SOL running out on the debt, that's only legally enforceable if you get sued in court by reason of getting summons to court on motion for usmmary judgment. If that happens you would most likely want to petition the court to vacate using the SOL as your reason. If you don't actively petition the court to vacate and do nothing then you will get hung with their judgment even though the SOL has run out. Then if your petition to vacate fails you would most likely want to think about a mandamus action to take it to higher court. I'm not a lawyer, so I can't give you legal advice, but I've heard that's the way to go about it.
Legally unenforceable because of the prescriptive period or SOL will have run...they may still sue but a court will not make me pay as long as I assert my right not to pay ie (defense of prescription/SOL)
Yes. That's been posted so many times on creditnet and other boards that it's pretty old hat. What would you do if you lived in Kansas? I have it on pretty good authority that most judges in Kansas will lay the latch on you even if you do present such a defense and getting judgments overturned even though they are void upon their face is almost an impossibility? Even appeals to higher courts don't seem to help. They won't overturn either. I've been hearing about rotten court systems in several other states too, but Kansas seems to be one of the worst out there. It is sad if there is no legal in the legal system. Problem is that most people loose heart in those kinds of situations and give up. It can take a real bulldog to take it as far as it needs to go. And no outsider can get into the fight to help because they have no standing unless they have been personally injured by the court.
WELL Bill I wont even begin to pontificate about things of which I know nothing of...Kansas law being one! However, I do know Louisiana law...You can rest assured that if a Cr attempted to sue me after Rx has run...they would be met with an exception of no cause of action and an answer in the form of a general denial but asserting my affirmative defense of Rx. Judgment for the Defendant anything less there would be hell to pay! And I didnt have to read that on creditnet!
Generally, you can appeal something to a higher court, but you cannot bring a mandamus action to take something to a higher court. writ of mandamus n : an extraordinary writ commanding an official to perform a ministerial act that the law recognizes as an absolute duty and not a matter for the official's discretion; used only when all other judicial remedies fail ____________________ bbauer: Then if your petition to vacate fails you would most likely want to think about a mandamus action to take it to higher court. ------------------------
That's great. Glad to hear it. It should be that way all over the land. Apparently it isn't. I was truly shocked to learn about the Kansas atrocities. I still don't really want to believe it, but I don't have much choice lacking proof to the contrary. Only the word of maybe 5 or 6 people making those same claims that it's true. What's that supposed to mean?
Thanks for your reply. Good replies like yours is how I learn lots of things. Obviously, I'm not a lawyer nor do I pretend that I am. Informative posts like yours are great because they help us all learn.
