How do I rectify this quickly and easily??
Date: Fri, 09/12/2008 - 10:10
The statue of limitations is 3 years in both my state and the neighboring. I have worked hard to rebuild my credit and am currently debt-free with the exception of the home I just purchased and I'd like to keep it that way!
What are my options in fighting this? I know I paid any tickets I would have ever had but honestly...back to 1999, I know I didn't keep receipts. What is the quickest and easiest way to have this taken care of? BTW...it's not on my credit report yet.
Thanks for any help!!
just a thought--you should check into the laws concerning this t
just a thought--you should check into the laws concerning this type of debt. Fines and tickets may not fall under 'consumer debt' in some places, and therefore the SOL would not apply as it would to, say, a credit card debt or defaulted loan. Make sure to do your homework before you rest on SOL on this one. Also, it is the practice in many states today that your driver's license would have already been suspended for that many outstanding tickets and fines, especially since some of them are moving violations. Nowadays, most states talk to each other and outstanding tickets in one state can affect your license standing in another state. So, while this is not definite, the odds are that if this was legitimate, your own DMV would have possibly suspended your license a long time ago.
I would send them another certified letter, again requesting evidence of their claims and telling them that this is the second time youve requested this. Tell them that you have no knowledge whatsoever of the violations they speak of. Also, you said the state was contacting you--if it isnt a collection agency or other third party debt collector, then the laws concerning validation of debts dont apply anyways. But there is no reason at all why they shouldnt provide you with proof that you owe money--thats just common business righ thtere.
Maybe the OP's neighboring state doesn't have reciprocity so the
Maybe the OP's neighboring state doesn't have reciprocity so they don't report to their resident state, therefore their license may still be in good standing!?! (Just a thought here, not fact.) :wink:
right--thats why I was suggesting that he look into that. Thats
right--thats why I was suggesting that he look into that. Thats a good point right there--most states talk to each other, but not all at this point.
One other thing I forgot to mention--there is a SOL that may apply but it isnt in reference to debt collection. Check with the laws of that state to see if there is a statute of limitations on tickets and motor vehicle violations--they likely have some sort of time frame for those. If so, then you can tell them to kindly disappear if they waited too long to push the issue, and that way, whether they are yours or not, that should be the end of it.
Was it the actual state that contacted the OP or a CA? It seems
Was it the actual state that contacted the OP or a CA? It seems like the OP sent a DV to a CA and they never responded. Doesn't a CA either have to respond or not continue collection efforts? If the CA didn't respond and the OP is now getting contacted by another CA (see difference of $170 for tickets vs. $800 - is this increase in penalties for not paying or "jacked on fees by a JDB?)
he did say that the state itself contacted him, so at this point
he did say that the state itself contacted him, so at this point I dont see it as a CA calling, but the original creditor of sorts. Also, it can be argued, even if this was a CA calling, that this isnt a "consumer debt" because of the nature of traffic fines. It isnt something that a consumer can apply for and get credit extended on, like a loan is. Therefore, there is no original credit agreement between the two parties, and since no such agreement was entered into, it is likely not consumer debt. If it isnt consumer debt, then the fdcpa doesnt apply IIRC.
Okay, that I understand. But what does a person do if they disp
Okay, that I understand. But what does a person do if they dispute the claim by a state that the tickets may not be theirs. (I re-read your post above and understand that, but what protections does a person have if the state suddenly says you owe xxxxx amount of money for tickets? In addition, when the OP disputed the claim, the amount was for $170, now it is $800. How can they fight the increase in penalties if suddenly the state shows proof that they belong to the OP? There should be a process to prevent the penalties until the state provides proof.) - we all know what happens if we don't pay a tkt within 10 days, it doubles, then triples, etc. (Of course I don't speak from experience! :wink:)