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Sub: #1 9 yr old credit card bill
Replied on 04-10-2009, 06:00 AM
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I got a call from eastern asset management they said it was in reference to a mastercard account from 2000 they said it was in process of going to court and they offered me a pay off which i and not afford. they said if we go to court the judge will ask for full payment . I cannot pay without a real low payment plan how do I talk them into it. Will they judge order it all payed at once also




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Sub: #2
Replied on 04-10-2009, 06:02 AM
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What state are you in? When was your last payment? It may be out of SOL




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Sub: #3
Replied on 04-10-2009, 06:03 AM
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What state do you live in? Was 2000 the last time you paid on the account?

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Sub: #4 9 year old credit
Replied on 04-10-2009, 06:07 AM
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Minneapolis Mn I have been looking for paper work on payments and have found none since 2007 so I am still searching bank records




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Sub: #5
Replied on 04-10-2009, 06:10 AM
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Waving to you from Bloomington! Unfortunately the SOL for MN is 6 years so you are still within the SOL.

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Sub: #6 9 yr credit
Replied on 04-10-2009, 06:13 AM
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2005 was the last payment I found,

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Sub: #7 9 year credit
Replied on 04-10-2009, 06:16 AM
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thanks for the info

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Sub: #8
Replied on 04-10-2009, 06:19 AM
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If it goes to court it is my understanding that you can fill out paperwork to show your financial situation, and the judge will take it into effect and work out some type of payment plan based on what your financial situtation is.. not necessiarly what the lawyers want.

Is this the first contact you have from them? If it is, they have 5 days to send a dunning letter, and you can request a debt validation.

I also found this on them on wiki

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Sub: #9 Validating is a godsend
Replied on 04-11-2009, 06:49 AM
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Hello Gblackbeat,

Also being that they are one of the lower CA's (tactics are somewhat mafia-like) you said it was for a Mastercard -which is an unsecured debt so the only legal recourse they have being that the OC has written your debt off as a PL (look for papers from OC) the only legal recourse they have is to harass you till you are either intimidated enough to settle & pay the debt or begin the validity process. I would begin by sending for a copy of your CR and seeing how many CA's the acct. has been sold to and then send a dispute to CRA's, then a debt validity ltr. to EAM with a cease and desist notice stating that you don't deal with CA's but only with the OC. This will buy time until your finances improve. Then when EAM (hopefully can't validate the debt) go to the OC and ask for validation of the debt being yours. 40% after write-off and selling to CA they no longer have the records. Good luck and hopefully this helps!!




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Sub: #10
Replied on 04-11-2009, 07:32 AM
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Quote:
then a debt validity ltr. to EAM with a cease and desist notice stating that you don't deal with CA's but only with the OC
A C&D and DV are mutually exclusive. You can't tell them not to contact you and to provide validation. There are still a few pieces of the puzzle we don't know.
1. How is this reporting on your credit reports?
2. Does the OC still own the debt or has it been sold to a JDB?
3. Has EAM sent you anything in writing?

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Sub: #11
Replied on 04-11-2009, 08:27 AM
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so are you saying that if you have a credit card debt CA can only harass you as it is a unsecured debt and they can't or won't bother taking you to court?




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Sub: #12
Replied on 04-11-2009, 08:29 AM
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CA's generally do not have standing to file suit themselves but they can retain the services of debt collection attornies that do.

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Sub: #13
Replied on 04-12-2009, 07:39 PM
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Get all your ducks in a row. Get all the paper work, send a debt validation letter. Make copies.

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