SOL and c/d question

Discussion in 'Credit Talk' started by picantel, Aug 3, 2002.

  1. picantel

    picantel Well-Known Member

    Ok the idiots are back who are trying to collect on a SOL debt
    1)Does a cease and desist letter keep a CA from sending collection letters other than garnishment/lawsuit issues?

    2)Does anyone know which states it is illegal to try and collect on a SOL. I saw something mentioning wisconson but I would like to know the others. thanks
     
  2. picantel

    picantel Well-Known Member

    I found this in the FDCPA. If they offer the same stupid settlement on the SOL I sent a c/d letter to would that be legal for them to due under the following guidelines or can I take them to the bank. They are RMA and I know everyone hates them. I have the fax I sent them and the letter I jus receive.

    § 805. Communication in connection with debt collection [15 USC 1692c
    (c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --

    (1) to advise the consumer that the debt collector's further efforts are being terminated;

    (2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or

    (3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

    If such notice from the consumer is made by mail, notification shall be complete upon receipt.
     
  3. picantel

    picantel Well-Known Member

    bumping to see if anyone knows.
     
  4. Butch

    Butch Well-Known Member

    Hi Pic,

    Sorry your post got forgotten.

    1) Yes, but it depends on what you include in your C&D. If you tell them to stop all communication they can only do what you have outlined above in the FDCPA. The problem here is that if you cut them off completely then the only alternative they have is to sue you.

    Usually we do a mini C&D. Just tell them NO MORE phone communication. That means they can still write.

    2) In Wisconson, post SOL also means the debt is extinquished. Each individual state has it's own law on this, and it's too complex for any one person to look them all up. So you must rely upon yourself to examine your states law regarding the SOL issue.

    It would be nice to have a list but I don't think that exists yet. That would be a nice project for somone.

    Hope this helps.

    :)
     
  5. picantel

    picantel Well-Known Member

    In my c/d letter I told them to cease all communication involving phone AND mail. Heck, it is way past the SOL so I could care less if they sued. Actually, I would love them to sue. Check out what someone else wrote on another board. I am gonna call them for phone on monday. I gotta figure out the exact wording.

    I do not know what State YOU are in, however, IF they are collecting interstate, you can use my SOL letter and this.
    (This is from the US Statute of Frauds Act)
    Collection of extensions of credit by extortionate means
    18 U.S.C. § 894
    Collection of extensions of credit by extortionate means
    (a) Whoever knowingly participates in any way, or conspires to do so, in the use of any extortionate means
    (1) to collect or attempt to collect any extension of credit, or
    (2) to punish any person for the nonrepayment thereof,
    shall be fined under this title or imprisoned not more than 20 years, or both.
    (b) In any prosecution under this section, for the purpose of showing an implicit threat as a means of collection, evidence may be introduced tending to show that one or more extensions of credit by the creditor were, to the knowledge of the person against whom the implicit threat was alleged to have been made. collected or attempted to be collected by extortionate means or that the nonrepayment thereof was punished by extortionate means.
    (c) In any prosecution under this section. if evidence has been introduced tending to show the existence, at the time the extension of credit in question was made. of the circumstances described in section 892(b)(1) or the circumstances described in section 892(b)(2), and direct evidence of the actual belief of the debtor as to the creditor's collection practices is not available, then for the purpose of showing that words or other means of communication, shown to have been employed as a means of collection, in fact carried an express or implicit threat. the court may in its discretion allow evidence to be introduced tending to show the reputation of the defendant in any community of which the person against whom the alleged threat was made was a member at the time of the collection or attempt at collection.
     
  6. SCMomof5

    SCMomof5 Well-Known Member

    On the collectors website that folks have been talking about lately, one collector advised the others to get a "good faith payment" from the consumer. Collector advised to be polite and act like you are just trying to help this consumer get rid of and old debt etc. Once they have your guard down, you agree to make a good faith payment. When the payment arrives, the SOL clock is immediately restarted and THEN they sue!

    Simply send C&D and they will go away. Old debts are nothing to fear!
     
  7. Why Chat

    Why Chat Well-Known Member

    They TRY to scare people into thinking they have restarted the "lawsuit" SOL, but unless you have also signed a written agreement to the effect that you are relinquishing your legal rights, you have not extended the SOL, PLUS many States statutes prohibit reaging of State SOLS even WITH a signed agreement.
     

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