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#17
07-01-2009, 05:26 PM
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paul - when a judgment is assigned from one law firm to another, the second firm has to abide by the rules of the initial contact of the fdcpa - meaning upon first dunning notice the debtor is given a 30 day period to request validation or dispute the debt.
its called "assignment of judgment". i spent about 10 minutes searching google for something to show you about this, but i couldnt find anything. sorry 
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#18
07-01-2009, 10:39 PM
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This debt would not be beyond that statute of limitations. If you had ignored the debt, refused to talk or set up a payment plan- the SOL would have continued to run.
Instead, by setting up a payment plan and making payment- you reaffirmed the debt in the law's eyes. The Collector could very well be attempting to scare you by threatening suit....but if they proceed with legal action there is no SOL issue.
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#19
07-02-2009, 01:49 AM
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Um, Guest - we are talking about a *JUDGMENT* - i.e. a Court Order, and not a "normal" debt. It goes way beyond the FDCPA and dunning letters and DVs. SOLs for judgments are also different, that can be as long as 20 years depending on the state.
They would file a form like this: Assignment of Judgment and mail you a notification. A DV would do absolutely no good. It's usually done in order to enforce the satisfaction of judgment. "http://www.judgmentrecoveryresources.com/articles/assignment-of-judgment/" __________________
FRAUD: RECOGNIZE IT. REPORT IT. STOP IT. Rip-off companies - FTC. Phone harassment by Debt Collectors - FCC. Banking issues, like ACH problems - OCC.
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#20
07-02-2009, 05:27 AM
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Chrys- Im aware of what we're talking about here, and the link you posted was the form one firm fills out to assign the judgment to another, not the notice that is sent to the debtor. The law firm I used to work for often had judgments assigned to them, and it was legal practice that a new FDCPA letter was sent upon receipt of that new judgment. that letter would state two things - 1, that the judgment had now been assigned to a new attorney acting on behalf of plaintiff so and so, and 2, that the person had a 30 day period with which to dispute.
and yes, again, i understand its done to enforce the satisfaction of judgment, thats only logical. there would be no other purpose unless the second office liked to be ripped off! again, i tried to look up something on google to show what im talking about but i couldnt find it. so take it for what its worth.
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