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 Posted: Wed Jan 11, 2006 12:33 pm Subject: |
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Bill, you had a judgment filed against you since 07/1998. This means that you have not paid anything towards this account from that period. So, based on the state laws on SOL, your debt is out of the statutes. However, check the state laws and confirm the SOL in your state. It will be calculated from the date of last activity in your account.
Purchasing of the debt account by Asset in 03/2001 does not renew the SOL period from the beginning. It gets renewed only if you pay again towards this account or even if you make a payment agreement towards it. If you have not done any of the two acts, you can't be forced by the agency to pay the debt.
Has Asset sent you anything in writing about this account? The federal laws state that the collection agency should send you the details of the debt in writing before attempting collections. Once you have reviewed the account, you can place the items on dispute with the company. Since the account might have passed the SOL period, place it on dispute with this point and force the collection agency legally to leave you aside.
Asset Acceptance or any other collection agency does not have the legal rights to threat wage garnishments unless they have the court orders for it. You are legally required to get orders from the court and show your appearance. Asset won't decide anything for you. Only the court has the rights to examine your case and give further orders.
Place the item on dispute notifying expiry of SOL after the CA sends you the details in writing. Send your letter through certified mail with return receipt requested. You will be able to prove the court that you have notified the collection agency and did required things to resolve the matter.
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john
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Joined: 05 Jan 2006
Posts: 1287
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| Posted: Mon Jan 30, 2006 4:49 pm Subject: |
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HarrassedLady- maybe you should take a look at this website I came across today, maybe it can be of some help to you...
edcombs.com/FSL5CS/Custom/TOCSpecial.asp
Hope this helps, I emailed these guys on this website and they already emailed me back. They seem like they really want to nab these bad guys.
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TMD
Joined: 06 Dec 2005
Posts: 282
Debtcc Points: 8579
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