O.k. so to make a long story short.....I NEED HELP!!! California Financial Credit Association is collecting a debt on behalf of Bank of America for an overdrawn checking account. I've posted my story numerous times but I had a joint account w/ my ex. He blew the account up but it appears that they are trying to go after me solely. I sent them a validation letter right after they initially contacted me about this debt. A little background, the debt was not being collected on for THREE years. Then I called BofA to see if I paid the debt if they would take me off of Chexs. They couldn't guarantee me anything so I was like forget it. Then 5? months later I am contacted by some agency in Washington. I guess BofA finally gave up. I never responded to their 1 letter that they sent. Then the debt got transferred to this CFCA place. I sent them a validation letter in April and a month or so later they sent me a computer generated report of the last bank statement from BofA w/ highlighted charges. The print had both of our names on it but didn't list any DL or SSN. I then replied to their letter in June stating that I needed 30 days to go over the documents and match them against my records. I actually was using this as a stall tactic because the SOL was up in August. Now it's September and the SOL is up but I just got a letter in the mail stating: "This is demand for payment in full TODAY. Have you ignored our previous notices? Please be advised of the possibility that after careful review and if your account meets our criteria for lawsuits, your account may be referred to an attorney in the state where you reside." Now what do I do? Anyone have any ideas? This is NOT reporting on any of my reports and I don't think they even pulled an inquiry. I would like to keep it this way. The SOL is up (4 years in CA) so what do I do to get them off my back?
It says: Principal $1075.41 Interest $354.90 Misc Fees $0 Balance: $1430.31 That's a lot of money to a collection agency so I'm sure they won't give up easily.
I would pull out the stops and send a cease communications letter, and let them know that you know the SOL is up, tell them it is not your debt (it's his, right?), to go away and leave you alone, or face the consequences!! They bluffing you - bluff them!
Moral Issues? Just in case anyone is wondering.... I DID NOT DO THIS....my ex did. He blew off (more like smoked up) our rent money then made a phoney deposit to cover the HOT rent check that he wrote. I guess legally they can come after me since I was joint on the account. But the bottom line is that if this debt was a result of MY actions, I would pay it.
mp$40: If you are certain, absolutely certain that the SOL is up then I would do all that I could to make them sue you. I would first of all send them Lizard King's validation Letter. I would advise against using any other validation letter but Lizard King's validation letter in this situation. I would send it certified RR and I would wait exactly 30 days and on exactly the 30th day after they received Lizard King's validation letter I would send them a copy of the Estoppel letter to be found on this board in the the form letters section along with Lizard King's validation letter. Keep track of any correspondence that they may send you. See what that does for you. If they sue you, be sure to go to court and file an answer to their summons. Tell the court that the statute of limitations is out on the debt and that should be the end of it. If it isn't the end of it, and they do get a judgement, you can almost be sure that it will be about as attrociously presented to the court as the one at CLICK HERE FOR AN ATTROCIOUS MISHANDLING OF A MOTION FOR JUDGEMENT This is a perfect example of sleazebag attorneys and their sloppy work. This case is a prime example of what goes on routinely in America's small claims courts and passes for "professional" legal work. I have stated many times on this board that attorneys are sloppy and do very little correctly, but rather do whatever to just get by. And our rubber stamp courts supposedly make it all right. Attorneys and Judges who allow this kind of sleazy crap to pass for justice ought to be spending their days in a jail cell rather than stealing people's money and property. These klutzes even had the unmitigated gall to go see if they couldn't steal this person's pick up truck on the basis of their stupid garnishment. Now then, let's see who can tell me all of the things that is wrong with this judgement. Why is it such an atrocity? Some people have said that I am nuts and that no such thing as this would ever pass muster in a court of law and no attorney would do such things and commit such errors. This one is proof of the pudding and just about takes the cake. Who can tell me what is wrong with this judgement and what I am going to do about it. Who can tell me what I have to do to help this person get this judgement and garnishment overturned and why can I do it? Let's see who can come up with the right answers.
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