Please Help...How Does the S.O.L. Work???
Date: Thu, 02/18/2010 - 11:28
Now here is the question... With only 32 days till the SOL period runs out and being that I just sent the validation letter out today, do they have enough time to take legal action and have a chance at winning a judgement in only 32 days??? From what I have read, they have 30 days to answer the validation letter and then I have 30 days to validate any proof or information that they may send me before they can file for a judgement. Given that they would validate the debt in 15 days and add my 30 days to it, that would put it past the SOL date. Does anyone know if this is all true?
All they have to do is file with the courts before the SOL runs
All they have to do is file with the courts before the SOL runs out....the judgment doesnt have to be rendered.
Is it a CA contacting you? Or a law firm?
Quote:Originally Posted by SOAPLADYAll they have to do is file w
Quote:
Originally Posted by SOAPLADY All they have to do is file with the courts before the SOL runs out....the judgment doesnt have to be rendered. Is it a CA contacting you? Or a law firm? |
It is a collection agency "Creditone LLC" that has contacted me. I read from another site that there is precedent which says that a collection agency cannot even file suit against you if they haven't validated the debt within the initial 30 day period. Not sure if it is true.
If creditone is strickly a CA, they cannot sue ....CA's are not
If creditone is strickly a CA, they cannot sue ....CA's are not capable of suing. Your account would have to be turned over to a law firm.
With that being said...... Can they have a Law Firm file suit ag
With that being said...... Can they have a Law Firm file suit against me before they answer the validation letter???
The account would have to be transfered to a law office first wh
The account would have to be transfered to a law office first which would start the DV process all over again....they could just immediately file in court. The likelyhood is low
I doubt much would happen from this bottom feeder. You can read
I doubt much would happen from this bottom feeder. You can read their BBB report here: http://www.bbb.org/new-orleans/business-reviews/collection-agencies/credit-solutions-l-l-c-in-metairie-la-1301088/
And you can see on Bud hibbs site about the different names they use.
http://www.budhibbs.com/collectorpages/credit_one_llc.htm
This should explain the 30 day disclosure dispute period for you. It says when a lawsuit can be filed as long as it does not overshadow the 30 day dispute period. There are plenty on the FTC.gov website under debt collection and then click on opinions.
http://www.ftc.gov/os/2000/04/fdcpaadvisoryopinion.htm
A couple of other things I missed. I only know of one state, Tex
A couple of other things I missed. I only know of one state, Texas, that gives a time limit for a debt collector to respond in 30 days. Massachusetts, a debt collector must send any documents they have within 5 days of a dispute/request....if a consumer wants to go to their office and make copies, the debt collector has to allow them to by law...I think they have 3 days.
For North Carolina, I am not sure what that states debt collection laws say. Most likely they will not validate the debt at all and it will end up putting you past the 3 year SOL....If they do in fact forward it to an attorney, come back here with the attorneys name so we can see if he is licensed to practice law in your state, sometimes they will scare people into paying by using an unlicensed law firm....plenty of crooked firms out there. If the do forward it to an attorney and the SOL still has not passed, you will then send another DV letter along with the one you sent to the debt collector and in the one to the law firm, state you have already requested validation through their client and they are now in violation of the FDCPAct by continuing collection activity on a debt that has not been validated....that is if it ever gets that far.