sorry if this is a dumb question but...On my credit report, I show an older voluntary repo with a charge off of xxxx.xx and balance of 0.00 from a company that has since been bought out...but in the comments section shows a past due balance of xx,xxx.xx. it has obviously been bought by a CA and I have spoken with them trying to settle the dispute but they won't agree to any reasonable terms and since then have gotten pretty rude and call several times per day sometimes twice in 5 minutes. the last time I spoke with them, the woman mentioned they could take me to court for garnishment because of the state i live in. since then I have started doing research and luckily stumbled upon this site. it appears the SOL is not at the 4 year mark yet but will be in nov 07. I guess my question is can anyone other than the OC take you to court?
If the CA bought the debt, they have any current right to sue to collect on it, subject to SOL. Don't get legal advice from your opponents. Have you checked to be sure your state actually allows garnishment? Note: I am NOT an attorney.
Get their fax number, and fax them a letter telling them to only contact you via postal mail. Any phone calls after they get it (and have had time to process it) are violations... I love CA employee's who think that they are capable of educating the consumer on the law... I had a nice CA employee trying to claim that 15 U.S.C. § 1692(f)(5) wasn't actionable, and that they had the right to call any phone number they wanted to to try to reach the consumer, whether it's at the consumer's expense or not... They're going to love the start to their new year...
