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Law Office of Curtis O Barnes

Date: Tue, 02/12/2013 - 11:55

Submitted by anonymous
on Tue, 02/12/2013 - 11:55

Posts: 202330 Credits: [Donate]

Total Replies: 4


I received a letter from the law office of Curtis O Barnes PC on February 12, 2013. Apparently this is for an account from Beneficial that went to Fortis Capital that went to Curtis Barnes. They claim the total amount I owe is 14,848.44. They claim they have written me previously, but I went back through my records and cannot find a letter that I could have even disputed the debt. They are giving me 10 days to pay the debt and said they will evaluate undertaking "reasonable" collection efforts after that. I'm pretty sure the statute of limitations in Pennsylvania is 7 years for debt and this could very well be over that limit. How would I find that out without starting up the clock all over again? I don't intend to pay this at this time considering I never got the chance to to dispute it. I also don't know if this debt was assigned by the original Beneficial lender or bought by Fortis then bought by Curtis Barnes. I just need some advice on how to proceed with this without causing myself unnecessary harm. Thank you.


At first ask Curtis Barnes to validate the debt in writing via certified mail with a return receipt request. I guess the SOL period in your state has expired, so they won’t be able to take any legal action against you.


lrhall41

Submitted by on Tue, 02/12/2013 - 21:38

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Your first clue should come from your credit report. The negative tradeline from Beneficial should be on the report if this is within 7 years. If not, the conclusion is obvious. The SoL is calculated from your date of last account activity so in case you have any documents pertaining to that, you can verify if it has been 7 years from then. Also, you can ask for the physical mailing address of Chris O Barnes and send them a DV request via CMRRR. Just do not admit to owing the date in any way.
As far as I can tell, this looks like bottomfeeder activity.


lrhall41

Submitted by Steve Barris on Tue, 02/12/2013 - 21:29

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I sent a certified letter with return receipt today even though it is past the 30 day dispute period. (I never received the "original" letter) I used one of your sample letters and made it my own, including using the Statute of Limitations in Pennsylvania and asking if the "alleged" debt was bought by or assigned to Fortis by Beneficial. These losers probably paid 05. on the dollar and are trying to collect 14,000. We'll see what happens.


lrhall41

Submitted by on Wed, 02/13/2013 - 12:17

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the SOL IN PA is either 4 or 6yrs depending on the debt type.if you are sure this is past SOL send them an FOAD letter.btw PA is non-garnishment so they are your typical JDB.


lrhall41

Submitted by paulmergel on Wed, 02/13/2013 - 11:41

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