are these guys for real this is a 30 year old debt paid that they are trying to collect on

[david]

Bennet & Deloney is required to follow the fdcpa laws and it forces them to send you the details of the debt in writing. Once they have sent you the info, place a dispute highlighting the item. If it is giving the accurate details, mention the expiry of the SOL. Remember, the company must give you the verification within 30 days period. If they fail to give you any information, you can send copies to the CRA if this account is listed in your CR. They will remove this item from your file.

Placing the item on dispute is necessary. Do your correspondences in writing through certified mail with return receipt requested. Keep everything documented so that you have proof of all facts. This will help you if the matter reaches the court.

Please send them a certified cease phone contact letter. They lie. In my case, they even called my nice elderly neighbor bothering her later in the evening and first thing in the morning. I would do everything by mail certified only! Just a word of caution. I also wasn't avoiding their phone calls. I would take them and they would yell at me and call me names.

Hi! I am new to this forum. I want to know if this is a collection agency. I have been contacted by Benet &Delony

[imkimssister]

Oh my Gosh!!! 30 years, you've got to be kidding me!!!!!
Do you even have to respond to them after its been this long?? I mean its 'painfully' obvious that its well OVER the SOL. what can they really do, are they ignorant enough to take it to court? any judge would throw it out. so what happens if you just ignore them. Seems like they're just 'grasping' here trying to get money, in hopes that you'll pay. shirley

[john]

Shirley,

I posted this comment in the previous thread and I think this will answer your query.

If a person does not pay his debt and leaves the country, it might be possible that a judgment will be issued against him and he will realize this fact after he returns back. At such point, he should be aware of the statutes before thinking of pay the debt. SOL factor is always applicable on all kinds of unsecured debts.

There is a very genuine purpose behind disputing the debt that is past the SOL. If you are ignoring it by thinking that the account is past the statutes, the CA or the creditor will go to the court and prove that the debtor is trying to avoid paying his bills. If you are sent legal notice and still do not appear to present your defense with proof (letters of dispute sent to the CA), the judge might take decisions against you and make this debt legally payable. So, you can be forced into such a situation where you do not owe an account but you will have to pay it legally because of your avoidance. So, dispute is a MUST!

[imkimssister]

If a person does not pay his debt and leaves the country, it might be possible that a judgment will be issued against him and he will realize this fact after he returns back

Oh BAM!! You're right John, I remember reading this a while back. I asked can a judgement be on your report and you not even know you had a court date--you (debtor) knew nothing about it. You weren't notified or anything--yet it went to court and you didn't even know it until you saw it on your credit report. And I was told yes, they can proceed if they can't find you. THey attempt to but if no luck, then they are allowed to move on. Thanks for the reminder John, I had forgotten about that.

And you're saying that you should still follow through with a debt that's out of SOL, such as diputes and validation request, the same as you would if it were still in SOL, just to protect yourself.

Shirley

[john]

And you're saying that you should still follow through with a debt that's out of SOL, such as disputes and validation request, the same as you would if it were still in SOL, just to protect yourself.

Absolutely...

I asked can a judgment be on your report and you not even know you had a court date--you (debtor) knew nothing about it. You weren't notified or anything--yet it went to court and you didn't even know it until you saw it on your credit report.

Think, a person leaves the country without paying his debt. The company will file a judgment against him. It's only after he returns and checks his CR, he will come to know about the judgment. But he can presume it since the debt has not been paid, there might be a possibility of it when he returns.

In response to the situation you pointed, the creditor has to prove that they tried to contact you at your mailing address or prove with the phone calls. They have to prove that attempts to contact you failed and as a result judgment will be decided. If have anything to dispute over at that point, present your defense.

these people threatned to come into my home and take my personal property in order to pay of the debt i had with them which was a small fine at a local store which my son had caused and because of this they would not stop calling and giving threats to me about taking property in exchange for the sum they requested the man which i spoke to stated that he wanted me to pay half the funds via western union and the other half in 48 hours or he would start comin into my home and taking my property is there a class action law suite that i may get involved with for there illegal tactics?? please contact me at
email address removed as per forum rules - Mike

If some one has writen a bad check and Benet & DeLoney have the case file can they threaten you and say they are going to sue you, and how long do you have to take care of the debt?

30 years! this is a joke right?

These people threatned to come into my home and take my personal property in order to pay of the debt (first they cant just come into your home they have to have a sherriffs sale which takes a few months to even begin second they give you an amount of time to pay this before the sale)if they try to enter your home call the police for breaking and entering and press the charges!!!

These guys are for real, and they have sued me, and friends of mine in regards to debts that I owed!!!
I know the law but they know it much better..

[jedijeff13]

I don't know, guest. Bud Hibbs has some really strong words about this company, and none too kind:

budhibbs.com/debtcollectorpages/bennett_deloney.htm

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Chair:
Richard H. DeLoney
The Law Offices of Bennett & DeLoney, P.C.
1265 East Fort Union Blvd., Suite 150
Salt Lake City, UT 84047
Tel: (801) 963-9993 ext. 113
Fax: (801) 963-9955