Ridding myself of Asset

what i did to get info because i had the same generic validation letter is say to the person...I do not recall this debt and that is when she jumped in with the last day i payed nov 05..im thinking thanks dummy and guess what...her name is on the valadation letter she sent me and i will say after my phone convo on 3-4 you stated that the last payment made on the account was Nov 05 and then do the whole sol and cease and desist form letter from there..you say they told you then your not admitting to anything...

If you are saying that this debt is 17+ years old and you are 100% sure it is out of statute, I would not even waste my time with them.........tell them to F off and die in a nice way....do not call me do not write to me.....if you take any action in court or to my credit reports, I will be forced to seek an attorney to see if action should be taken.....tell them to not take this matter lightly as you know your rights.

You would do this of course if the debt is also beyond the credit reporting period of 7.6 years.

You are wasting your time and money by sending DV letters on a time barred debt.

what type of debt is it?

rayne first i would never ever call these people, which is just usually useless and says to me if you call you are somewhat admitting to knowing about this debt which you don't want to do. as i said it is not even showing on my credit reports as it is so old and they know it. last pymt was made in like '92. thanks

poker, unfortunately you have to spend the money and time as they can still sue you in court, especially asset, even if it is a time barred debt. they are counting on you to not know what to do and can still file and hope i don't show up etc. the 7+ yrs has nothing to do with this. that is just a credit bureau "deal". thanks

soap it is strictly credit card and sol as you know for this is 4 yrs.

my main deal is should i admit-which i would basically be doing if i let them know I know this is out of sol, to this debt in my pre divorce name-do not want to give them a clue as to changed name-do the "this is out of sol and cease and desist"? or what? hope someone gets what i am trying to say.

but i also wanted to restate that the green sign. card was signed january 28th and the letters weren't even typed/dated until march 3!! wouldn't that be a good starting off point? thats 34 days not 30 as permitted.

just looking for an idea, so i don't miss anything, of ALL i should say so this is ended now. asset has its many tentacles is all kinds of directions out there, so i feel like i need to be very correct with them.

i already have, for the next 10 yrs, a debt on my reports from a bottom feeder that didnt even serve me, i didnt know what i was doing then either, so couldn't show up in court to defend myself. then i found this site. i want everything legally correct so that they know they will not get away with this this time.

thanks all

[QUOTE=meremanda;665252]rayne first i would never ever call these people, which is just usually useless and says to me if you call you are somewhat admitting to knowing about this debt which you don't want to do. as i said it is not even showing on my credit reports as it is so old and they know it. last pymt was made in like '92. thanks

poker, unfortunately you have to spend the money and time as they can still sue you in court, especially asset, even if it is a time barred debt. they are counting on you to not know what to do and can still file and hope i don't show up etc. the 7+ yrs has nothing to do with this. that is just a credit bureau "deal". thanks

If a debt is time barred, a debt collector cannot sue you, in fact it is a violation of the FDCPA and if your state has debt collection laws, it could be against them too...whoever told you a debt collector can sue on a time barred debt is wrong.

soap it is strictly credit card and sol as you know for this is 4 yrs.

my main deal is should i admit-which i would basically be doing if i let them know I know this is out of sol, to this debt in my pre divorce name-do not want to give them a clue as to changed name-do the "this is out of sol and cease and desist"? or what? hope someone gets what i am trying to say.

Simply admitting to a debt in most if not all states does not restart the SOL....in most cases, only making a payment can do that.

but i also wanted to restate that the green sign. card was signed january 28th and the letters weren't even typed/dated until march 3!! wouldn't that be a good starting off point? thats 34 days not 30 as permitted.

just looking for an idea, so i don't miss anything, of ALL i should say so this is ended now. asset has its many tentacles is all kinds of directions out there, so i feel like i need to be very correct with them.

i already have, for the next 10 yrs, a debt on my reports from a bottom feeder that didnt even serve me, i didnt know what i was doing then either, so couldn't show up in court to defend myself. then i found this site. i want everything legally correct so that they know they will not get away with this this time.

thanks all[/QUOTE]

poker, unfortunately you have to spend the money and time as they can still sue you in court, especially asset, even if it is a time barred debt. they are counting on you to not know what to do and can still file and hope i don't show up etc. the 7+ yrs has nothing to do with this. that is just a credit bureau "deal". thanks

If a debt is time barred, a debt collector cannot sue you, in fact it is a violation of the FDCPA and if your state has debt collection laws, it could be against them too...whoever told you a debt collector can sue on a time barred debt is wrong.



my main deal is should i admit-which i would basically be doing if i let them know I know this is out of sol, to this debt in my pre divorce name-do not want to give them a clue as to changed name-do the "this is out of sol and cease and desist"? or what? hope someone gets what i am trying to say.

Simply admitting to a debt in most if not all states does not restart the SOL....in most cases, only making a payment can do that.




A debt collector can try to collect a old debt in most states, some states may have laws that do not allow collection on a time barred debt at all, not by phone or mail......otherwise they can collect until the day you die but they CANNOT sue you on a time barred debt.

So like I said, you know the debt is time barred, send them a cease and desist in the name that they contacted you in, use your maiden name if that's how they wrote to you.

so do i say i know this is a time barred debt? still need to know what to say. didnt think it would sound too good to just cease and desist without a reason. dont want to go to trouble of going to court etc just to prove a point. want to let them know to stop this before all that goes down. being asset i want to be very direct. please again be specific. thanks

OK, I'm confused. Help a brutha out...

How old is the account (last activity)?

Quote:

Evenin' Poker -

I didn't see it in the thread, is why I asked. Where'd you get 1992 from?

from me unc, op, in one of the posts above i have been divorced since 93 so thinking last ;paymt in 92. any suggestions?

Quote:

Damn, that was quick! I only just PM'ed you on it... :p

Sorry, but it's been a long couple of weeks. Is it still showing up on your credit report? If so, how?

I think what's tripping me up is your description of Envelope #2:

Quote:

Well since suing on a time barred debt is a violation you want to send them a letter something along the lines of:

I am in receipt of your letter(s). First, what you have sent me does not constitute proper validation. You mentioned in the letter that you have prepared the information from statements you received from the Original Creditor. You know full well that validation MUST come from the Original Creditor itself and if you had these alleged statements you would have sent me copies of said documents, yet you did not which leads me to believe you are pulling some kind of scam here.

Also, from what you did send it appears that this debt that you allege is mine (I do NOT recognize it as mine) is out of my state (Texas) Statute of Limitations and were you to bring suit, you would be in violation of federal laws.

I do not play these kinds of games and am now instructing you to cease ANY and ALL communications in regards to this unvalidated debt. Should you continue to contact me in any way shape or form or you bring suit against me for this alleged debt I will be forced to counter sue you for violations of state and federal laws.

Thank you and have a wonderful day


anyhow something like that basically tells them to F off without actually admitting the debt is yours (that way they can't try to file a 1099c on it if you said it was yours but out of SOL.) and lets them know that you will sue them if they bother you over this debt any more.

Also are you away of Texas debt collection laws? You can ask for validation ANYTIME (not just within 30 days of the dunning letter) plus you can force them to respond within 30 days with validation or they HAVE to remove any trade lines from your credit reports. This is mostly for debts listed on credit reports....if they don't remove the item after the 30 days are up and you didn't get anything from them (and they verified to the CRAs when you disputed them when you got the green cards) you can sue them in a slam dunk case AND can triple your damages if you invoke the written notice as outlined in texas finance code chapter 17 (deceptive trade practices).

Texas is a great place to do credit repair. :):):)

lol yeah i know its long wulf if u think reading it is hard try writing it! yes to the good envelope/bad envelope thing. kinda what i thought-person is an imbecile. ok so they cant sue me and thats all i am worried about. but wanted to stop them in their tracks before i had to go to court and prove it. i have NO documents from way back then. can't prove it. can i?? how if so? its only my word against theirs. do i still send letter with green card?

yes golden that sounds good except the part about knowing this is sol in my state. can't include that as that would constitute "knowledge" wouldn't it? you said not to right? which is what i don't want to admit anyway. thanks

and again send something with green card?

thanks all

ps wulf--i had already posted the 92 thing before i got word from you but please don't hesitate to think i'm special.

golden
i have also asked this many times as how to recognize and what i can really do to recognize how, when it is still showing debt from oc but ca has bought debt and is reporting it and looking like they reaged it. and when the origianl debt is not showing anymore from oc but ca is still showing it on there and showing date that they got it i think but also showing sometimes date of last activity. if you need an example i can get my latest credit report or one past and give one. even can take a pic so you can see without disclosing personal info.
thanks for all help and answers

[QUOTE=unclewulf;665409]Damn, that was quick! I only just PM'ed you on it... :p

Sorry, but it's been a long couple of weeks. Is it still showing up on your credit report? If so, how?

I think what's tripping me up is your description of Envelope #2:



OK... I think I've finally got me straightened out. Thanks for the additional info, Meremanda.

Go with PokerTramp's advice. Possibly even simplify it a bit. Going back and re-re-re-re-re-re-re-re-re-reading the thread, it looks like they're trying to play good envelope / bad envelope with you. Specifically, your description of the contents of #2 look like they're trying to drop it gracefully, without getting sued for FCRA violations into the bargain.

Let them. If you get another demand letter on this, kick their teeth in. And hang onto their letters against future need.[/QUOTE]

LOL Funny thing is I didn't get a PM.......it said I had one but nothing showed up,lol..

golden, please read my post above and please answer. but have another question for you or anyone that knows...
i read your post in a thread way above mine (at this time of course this post will kick mine up there) where you were advising a poster after they received a notice from the irs as apparently the rotten ca sent it in as a loss and the irs says the person owes $1500. remember that one?

so the "game" plan nowadays is sending a dv and using the sol date is now useless? as know the sol is admitting you know about the debt and therefore claiming it as yours? so never ever admit you know any debt is out of sol?

always act like you don't know what the hell they are talking about and just request the validation with the list of things in the letters included here?

please again i an asking posters how to definitely know if the ca has reaged an old debt? definitely. how to then get it off the report and what tools/letters etc., to use to do so.

thanks again

That's why I suggested to put in the (I do NOT recognize it as mine), it basically lets them know that should they try to bring suit you would counter sue them for it. You are just pointing out that by their own records the SOL would be up.

Hmm well what they sent was not validation. If this is on your credit reports then send them another letter, this time worded per Texas law and include the written notice (you can see my RJM thread for a sample letter that cites the various codes) and the written notice. Inform them that per FCRA and FTC opinion that validation MUST come from the original creditor..not some rehashed tripe from their own records.

You can send the letter certified mail RR and ask for an electronic receipt (this is how I do it all the time now) it is MUCH faster and safer (no chance of the green card getting lost) and it costs less.

Once you know they got the letter, then you can then dispute the tradelines with the CRAs. If the CA verifies it, then that is a violation as it has been established that verifying info is considered continued collection activity. If they don't verify, then it gets deleted. :)

After 30 days if they don't validate (or they send you BS again) you can send a reminder letter that they only have another 30 days left. Then at the end of the 60 days you can send an Intent to Sue letter (ITS) and tell them that either they remove the account from your reports or you will sue, tell them that the next correspondence from you will be a summons.

You might have to actually sue them, but with Texas laws it is a slam dunk! It costs about 100 bucks to file but you can recoup that in the suit.

Here is an example:

They don't validate (1) they don't remove it from the credit reports (3 if they are on all three) They verify (3 for same as above) that is a potential suit of $10,500 (you can only sue for $10,000 in small claims.) They have the potential for more violations and you could sue them in federal court but I think it costs a bit more ( though you can still recoup that cost).

The beauty of it is that they can't argue it! This is a tried and true method (I did it and it worked like a charm, I settled out of court on this exact same thing)

Using the SOL threat is just to let them know you know your rights....if you were sued on any debt, you would use SOL as a last ditch effort because of the 1099 thing....and yes, you should always deny the debt until they can prove it to you.

no no as i think(?) i stated earlier in the thread this is not reported on my credit reports as i am pretty sure they wouldn't even try that unless it went to court as the dates are so old, if they even have any anymore (remember this is 17 yrs old) the credit bureau probably wouldnt even accept it unless some kind of judgement?? they did not state in the so called debt val letter any dates etc. none at all. so the sol thing, if i even mentioned it, would only admit i know about the debt so cant use that at all.

and i do not have the funds to sue anyone. unfortunately. so the letters i send is all i have to defend myself. i dont think i would give them another 30 days tho if i could sue. they wouldn't give it to anyone.

speaking of the 30 days, again as i stated way above they did not return/send me any communication until past the 30 days after signing the green card. letter wasn't even written until march 3 should've been received by feb 28 or so. i didnt receive until march 8th or so. nobodys commented on i could possibly use this in the letter too don't you think, just as another point?

as wulf said, i think with the second set of letters they might be somewhat trying to back out once they realized a couple of things. but they are being very sly so i am not sure.

so now recapping, a new suggestion for points to make in the letter? i guess i am hoping they will throw this file away and not try to resell (yeah right).

thanks and awaiting your reply

Mentioning the SOL does not mean you admit to it.....people are sued on time barred debts all the time,,, if they bring up the SOL in court, the case is dismissed with prejudice...you can even tell the judge, yeah it's mine but it is time barred and the case still has to be dismissed if the SOL is proven...

It is the same as if someone was put on trial and found innocent 2 times for murder....that person can then say, yeah I did it and he cannot be arrested again for it, cannot go to jail...nothing can happen to him as he was found innocent 2 times and is now immune.


Points for your next letter are simple and I stated them before, tell them to never contact you again, you will not deal with them,,,if they do contact you again, or if they put anything on your credit reports and if they file suit against you, you will be forced to contact your attorney to see if suit should be filed. Tell them do not underestimate the seriousness of this matter.

You are worring too much over this, nothing can be done to you, if they do ANYTHING besides just sending a collection letter or make a few phone calls, they are breaking the law......credit reports, threats of filing suit, filing suit and a 1099-C are all illegal on a time barred debt....debt collectors have no right to collect on a 1099-C period..If they do issue one, have your tax guy fight it and they will lose.

As I said the only thing a debt collector can do on a time barred debt is send a collection letter that does not threaten you and make phone calls the same.

thanks another question on any time-barred debt ( past sol), if taken to court does the court just take your word for it and make the ca prove that it is not past sol/timr-barred?
most of us do not have records anymore of these accts.

I did not call the debt collectors...the used a local number on me and i was waiting for a doctors referral appointment so they got me, but like i said when they said i owed the debt i said i do not recall the debt and thats when they gave me the information. But to go along with everyone elses thread sending them a cease and desist sol letter will tell them you know your rights and they will not want a piece of you. so if you're worried about being sued send the letter. you can end it in your maiden name and you do not have to include a return address or give any more information than you need to..and like someone else said they still havent validated the debt anyways..they have to prove the debt is yours and rewriting what's on the bill statements is not doing it..