What protects us from...........

Two different persons will not have the same signature. You must have signed the contract with the credit company and that puts you in picture.

I will be doubtful if the other person does the payment on your behalf using your checking account info. Because this will be a case of a possible identity theft.

Some credit card companies, cell phone service providers, and utilities require no signed agreements. What if the other person pays with a money order or other untraceable? I think it is next to impossible to disprove.

Why will your personal info be with someone who is not authorized to keep it? It usually happens when you trust on someone and s/he misuses it.

Here is what I am trying to say;
Lets say that a person named Jon Smith goes bad on a debt, I will refer to him as JS1. JS1 does not make good on his bad debt and the statute of limitations runs out for any legal action making JS1 no longer legally liable for the debt. Now lets say that a collection agency picks up this old debt to try and collect on it using illegal or predatory tactics. Lets say this collection agency calls a random Jon Smith, not JS1, I will refer to the random person as JS2. Lets say JS2 gets scared and decides to make a payment to the collection agency, thus resetting the clock for legal action against JS1 though JS1 did not make any payment and was legally not bound but now is because JS2 was scared. What if JS2 used a money order? How do you prove JS2 existed and he made the payment? Do you understand what I am asking now?

Jimbeem, I have read several of your posts, and you can offer a lot here. Will you please become a registered member?

My apologies if I have upset anyone by posting with an unregistered username. Please direct me to the registration page and I will make amends as long as it doesn't require a phone number.

I understand what you are saying. Money order has the receiver code of the company only. Then the company posts the payments to the person's account. Now, if someone similar to your name does a payment on your behalf, the question is how you got involved.

Well, there has to be a fix. Give me some time to think.

Jimbeem, the community sign up is done here. It doesn't need your phone number.

http://www.debtconsolidationcare.com/community/signup.php

Jimbeem, you definately have not upset anyone by not being registered..You are always welcome to post as a guest. You are becoming very valuable in a short time, and it would be fabulous to have you as a member! I hope you post frequently.

Jimbeem. What protects anyone from debt collectors is the fdcpa. If "JR2" got wise and contacted an attorney--me, for example--I would sue the debt collector for all the money he paid, plus the $1,000 statutory damages, plus damages as a result of the negligent (or purposefully bad) debt collection, plus my attorney fee.

Assuming JR2 knows enough to call an attorney in the first place, of course.

You are legally responsible for a debt until it is paid or satisfied. When the SoL expires it just means you can not be sued for the debt. You are still responsible for it.

And from my understanding, I could be wrong. The SoL doesn't restart when you make a payment provided the SoL has already expired. I'll have to look into that again.

The SOL can restart if you make a payment, actually. It's kind of a bad situation for debtors.

Basically, you "wake up" the debt by making a payment, and then you default again if you stop payments again.

Now I am in a fix, you both are experts and have two different opinions on SOL after a payment is done on a debt that is past SOL.

Whose words should I take legal?

Hey Sam.... How long do you have to sue a collection agency for knowingly filing fraudulent information on your credit file?

Anytime within one year, the lawsuit is to be filed against the CA with evident proof.

Let me propose this:

My company receives money orders and personal checks as payments. When I receive the payment, I post it to the customer's account and send it to the bank. But I do not keep a copy of the check/money order, nor does the law make me keep copies of all the payments I receive.

What's to say, if I am a devious collection agency, that I don't just post a payment to your account without even receiving anything. No need to even get JS2 involved. It wouldn't be hard to just add a transaction in your account, decrease your balance by $20 and say a payment was received. I don't need to say from whom, or anything. I can make up a money order #.

Now your account shows you made a payment, and I'm not obligated to keep a physical copy of that payment as proof that you actually made it.

What now? Tricky situation... I don't know how you would actually prove that you never made a payment.

i am wondering the same thing as debtcruncher..how would one go about proving they never made that payment?i was taken to court for a cc debt and tehyhad my last payment listed as may of 2004 which i know because of some things that happened that yr in my life that i did not make that payment..seems like reaging to me but how could i prove it

Keep track of your own finances and your own accounts, and you can easily show that you never made a payment.

Yeah, I guess if you did your own accounting and could show all your income and where it gets distributed to, then you could show on paper that no funds left your hands to go to this company.

Problem is, if everyone kept track of their finances, then this site probably wouldn't need to exist.

I question who has the burden of proof? Plaintiff files a lawsuit and claims defendant made a payment which restarted the SOL. Defendant files an answer and claims he never made a payment, and that SOL has expired.

Now is it the plaintiff's burden to prove that defendant did indeed make a payment? Or is it defendant's burden to prove they didn't? Who has to show a preponderance of the evidence? I would think the plaintiff since they are bringing the suit.

Try and make a plea of reason, as in, why make a single small payment and not keep going? I think you might be able to get it past a court and maybe point a finger of malicious intent. This is the point I have been trying to make all along.