Be aware of the scary trick used by collection agencies

Hi Pkertramp, Sorry to confuse you and thanks for your help.

We are in Florida have been since 99. This repo was in FL also. The letter was dated on Jan. 28th. all it has on it is the creditor(that's how I know it's the repo) the ammount, And an offer to settle for 50% which is over 2k. Which must be recieved by Feb. 18th or the offer is void.
I really don't know what to do, my husband makes less than 30k a year and we have 3 children 2 not even in school yet. Two of them with medical problems. That's how he lost his job 4yrs ago taking off to much time for Dr's appts.

Thanks again for your time,
Ann

Check to make sure whether or not FL has adopted the UCC is regards to Repos'. The SOL would be 4 years from the date the deficiency is realized. When was the vehicle sold at auction? When were you first notified of the deficiency balance?

I'm one of those people that didn't respond to the collection letters and it did go to court and I have judgements against me. So now that they're considered valid is my only choice to try to settle with the collection company? Or can I still ask them for a debt validation letter?

Hopefully someone will be along to help you with this issue. I would go out on a limb to say it's valid as of right now unless you have proof that the debt's SoL had expired as a reason to get it dismissed.

If it has already gone to judgment it is far too late for the DV letter. Is there any way you can have the judgment vacated? Because if there is a judgment, they have absolutely no reason nor motivation at all to accept any settlement as they will be able to file to garnish your wages.

Failing the vacate, you can try filing an appeal against the default (I am assuming you did not go to court and defend yourself) and seeing if you can have it overturned, especially if the SOL is past.

Hello

I had recectly been contacted by the Tate & Kirlin collection agency regarding a repossion that occured a number of years ago (2001) This debt has been shifted from one agency to another, and has dropped off my credit report. I am unsure if the SOL for this would be 5 or 10 years. I know that per the Uniform Commerical Code of Missouri that its sttes that I am in the clear. But I just wanted to nkow if I have anything to worry about.

Check this out.

Monday, January 8 2007 A Dec. 26 decision in the Missouri Court of Appeals, Western District, was a poor Christmas present for a Missouri debt-buyer.

The court upheld a trial court's decision that D.A.N. Joint Ventures was unable to collect on a 1998 car-loan debt because the statute of limitations governing actions based on the breach of a contract for the sale of goods is only four years. D.A.N. had argued that the court should have applied a general 10-year statute of limitations found elsewhere in the statute.

D.A.N. Joint Venture v. Clark (MLW No. 55209) (7 pages), was the first case in which a Missouri appellate court has addressed the issue, but other jurisdictions across the nation largely have come to the same conclusion.