Re: ok...let's get a debate started Dani, I respectfully disagree the legal status of a debt that the SOL has expired on is that the debt is not valid and is uncollectable, it is by law not a legal debt. Continued collection on this debt is a violation of the FDCPA as I read it. I have attached a portion of a staff letter on this matter. Comments are welcome. JohnM ________________________________________ Section 807 (2) (A) prohibits false representations concerning (1) the existence of a debt, (2) the amount and (3) the legal status of a debt. Unless the facts indicate that the collector actually misrepresented to the consumer the existence, amount or legal status of the debt, the collector's actions outlined in your letter appear to fall within the purview of Section 807 (10) of the Act. However, any final determination as to whether there has been a violation of the Act would depend upon whether a valid debt existed and what actual representations were made by collector to consumers in connection with the collection activities at issue. ____________________________________
Re: ok...let's get a debate started OK. I do nnot beleive this story. although it is interesting. I have some what of a background and I would like to beable to say.... and now I own many parcels of pproperty and yada, yada, yada. However, I have to say whe I was getting out of my terrible situation I did not think about paying collection accounts. I was first concerned with survival, which did not have paying collections as a priority (please). However, I did later ( after I did not have such turmoil occuring in my life ) think about paying off accounts when I had to to get my credit straight. I later got the paid accounts removed from my report. First things first. ( some one mentioned Maslow"s hiearchy of needs). I want to beleive the story is true but it seems to emphsize a back ground for a "collector" Like they are human too (violins playing inthe back ground). but , who maybe one day my story will be so great many will doubt it also
Re: ok...let's get a debate started dani, I also found the following posted on the Collection Industry bulliten board, the poster is a certified instructor for the ACA ----------------------------------------------------- Hi Tanya: Most states do have a specific laws on the statute of limitations and all debts. I am in Wisconsin and our statute of limitations is 6 years. If the debt is 6 years or older, neither the creditor nor the agency can pursue the debt. ACA has a book on State Laws that details things like that for each state and they actually may have that type of info on their web site (www.collector.com). You can also call ACA and ask for the person that handles state laws and they will be able to give you that information. Bill Lindala -------------------------------------------------- JohnM
Re: ok...let's get a debate started Well, just looked the collection industry board, and from reading some of the woman's other posts, I have to say she's full of crap. OMIGOD, she has debtors calling just to see how *SHE* is doing.PUHLEASE. Gib
Re: ok...let's get a debate started Actually, my favorite was the debtor died and makes his son promise to keep paying. Yeah, that happens every day!
Re: ok...let's get a debate started The biggest problem I have seen, and one that I have not seen addressed here, is not morality, imorality,legality or illegality, but the rather naive notion that if you can find an infraction,or a legitimate defense, the courts will uphold and enforce the laws. The truth is, even if you get a lawyer to defend you, or have complete proof of an illegal action,it is not easy to obtain justice, or even competent judges in the real world.There have been situations (posted on this board) where a defendant was unable to win a SOL defense, because the judge refused to accept the primacy of Federal laws in the TILA definition of credit cards as "open accounts".In a system where a ceo can illegally get a $400,000,000. loan from his Corp.(WorldCom) and despite the rhetoric will likely neither serve any jail time nor lose any of his assets, while a disabled debtor in Mo.gets his $21,000. home seized and sold for a $15,000. debt,(Mo. has only a $8,000. homestead exemption even on BK)the problems of "credit scoring" seem, (IMO) relatively unimportant.
Re: ok...let's get a debate started 1*Regardless if you pay your bills or not, we are still a victim of a hopeless credit system that perpetually keeps us in the rat race. 2*If the credit card companies and lenders did some kind of "credit education" before they gave you the card, so many more people wouldn't have this kind of credit. rblues ================== 1*Don't it stink? 2*It should be done by any one but them.Look where their brainwashing has us now!
Re: ok...let's get a debate started 1*we don't have retirement stashed away, and we don't even have an emergency fund. Why not? 2*Many of us are probably thinking I will start tomorrow, or when I have more money...if you don't start now - it isn't going to happen. 3*PS This topic is completely irrelevant to what the debate concerned, but I couldn't help it. Dani ========= 1*Hard to do when the creditors and insurers are getting your nest egg. 2*Very true. 3*It is very relevant to creditors and insurers. ----------------------- lb59
