doesnt it matter to these people that theres usually a statue of limitations in place for most debts? In AZ its 6 years for written contract
ARS-12-548 and 12(b)(6). I know that this isn t true for fed loans. I was called on my cell phone ( which is considered also bad practice by the fair dredit act) and when i called back I was not informed of the nature of the call or did they answer it with the company name. I asked about this call and was asked my name by what I considered a receptionist. I was still not informed that this was a debt or the name of company or an attempt to collect a debt. I thought I was calling the VA med center or something, and being transfered to a nurse station about an upcoming appointment. The Recept' got back on and asked If I was going to pay now for this past due dillards acct. I STOPPED her right there and said Oh that sure. what information do you need and you dont mind if I tape this do you...she turned very nice and said ok.
I have a DVR and did record this. I asked her the alleged last activity. I was told a LIE anyway and a bad one. She said March 2003.. Ha. I was "indisposed" that year and made no activity. and I gave her my cr number and told her even if I did make that activity the SOL ( statute of limitations is well beyond the debt being valid.
I am now sending a letter of that fact and telling them to lift this from my credit file as active. the debt is not longer valid but will still be on file till 2010.
you can do this Pro Se ( by yourself) or find a Probone lawyer through your economic security office probably.
Im in the process of a civil claim now under the same instances but
Midland Credit management are idiots. Ive sent the reps Motion for validation and got only a copy of a "sample" agreement, no signitures, nothing. I sent a motion for Bill of particulars. A more definate statement to debt. just waiting now.
I will take this and academy to court. If sued you have the right to have the person involved in the collections at trial ( someone from academy), the original card finacial holder. ( someone from citibank) you also have the right to call the Custodian of record up to stand. and these people need top fly drive opr what not to get there. and its the plaintiffs responsibility to get them there. and usually they have no personal information about you or the file. Im not a lawyer but have been reading up. you should research too. of course if you lose...appeal.
i had Chse bank contact me for a debt that WAS id fraud. and I knew who did it. after the investigation. they aplogizzed to me but WOULD NOT go after the party responsible...it would cost to much. It was 1800.00 theft.