I searched and didn't find it anywhere. From looking at the code, it was posted on the internet in 2001, but still it is worth taking note - especially if you live in Wisconsin. Someone posted it on cardreport,com message board. http://www.kohnlaw.com/leganote.htm
It is odd that I didn't come accross that about a month and a half ago when I conciously looked for related sites. I had recieved a collection notice from Sterling Jewelers d/b/s kay jewelers & d/b/a marks & morgan jewelers who had bought a defaulted account.On the bottom of the letter, they stated for the purpose of wisconcin state law, we are a debt collector. this is a good find!
Bratwurst and BEER TOO! 6 year statute for Wisconsin...but I love this part: In this particular case, the Wisconsin statute of limitations effectively extinguishes the debt and renders it nil. Section 893.05 of the Wisconsin Statutes provides, that when the period within which an action may be commenced on a Wisconsin cause of action has expired, the right is extinguished as well as the remedy. Nice. Thanks Breeze. -Peace, Dave
Amen!! Kudos to Wisconsin!! I guess they figure they gave them long enough to collect it, time to give up, LOL.
"The court held further that, defendant has violated section 1692e(2)(A) insofar as its letter has misrepresented the legal status of plaintiff's debt." [ Well if that's the case then CA's also violate by misrepresenting the legal status of a debt if they CANNOT validate the account. The misrepresentation clause needn't apply ONLY to POST SOL debt. ] "The court further stated that the creditor defendant had attempted to collect a debt that it had no right too, and for this reason, this letter suggesting otherwise, misrepresented the legal status of the debt in violation of the FDCPA." [ They can't be "legally entittled" to collect an unvalidated debt. ] Good find breeze. ~
hey butch, click on "reply" then look to your left for vb code so you can make the colors show up, hehe. That's okay, I could see the red
I'm not sure if i read it right, but did it say because the debt was past the SOL, by the collection agency sending a collection notice it was violating the FDCPA, because it misrepresented it's legal status? I think this part may help people in OTHER states as well (if i am reading it right). Afterall they said FDCPA for that not Wisconsin law. Looking for violations? I guess if it's past the SOL and they are trying to collect on it, there's your first one
Exactly - But ONLY because Wisconsin law says that the expiration of the SOL actually extinguishes the debt. Therefore the debt does NOT exist. Unfortunately that's not the case in most states. You'd want to check YOUR state to see what the law says about POST SOL debt. Very interesting.
tee hee. write it this way [ c o l o r = r e d ] and then when you want the color to stop write [ / c o l o r ]. Take the "space"s out and you've got it. You can practice by using the practice board, and you can preview (click the "preview" button instead of the "submit" button) to make sure it's right. You can also change the size by typing [ s i z e = 5 ] and then [ / s i z e ]. Without the spaces of course. Have fun!
Butch, You just made this a thread worth bookmarking. There's an old tradeline on my wife's CR's that this may come in very handy with. As soon as this mortgage and new employment nonsense is over with, I'll have time to focus on it. Thanks!
