Be aware of the scary trick used by collection agencies
Date: Thu, 11/10/2005 - 13:51
collection agencies doing illegal business will purchase charged off or time barred debts and start contacting you. Suppose they call you for a debt of $10,000 which you don't owe. They will frame it in such a way and making you think that you owe this debt.
You think of ignoring this call as it is a charged off debt and is not shown in your credit report.
Till now, they have been successful in their plans move further in filing a lawsuit against you. Since you have been ignoring this call, you stay at home and the court rules in their favor as you didn't appear in the court and dispute it. This is what the debt collector wanted. This debt becomes a ‘VALID DEBT' to you even though you didn't owe them. The court has passed the orders on you to pay this debt.
The point is that when you get a collection call, don't ignore the call without knowing about it. Ask for validation and dispute it. If required appear in the court with all the evidences you have. You will be able to stay away from the unwanted pressure which might have been put on you later.
Hopefully someone will be along to help you with this issue. I w
Hopefully someone will be along to help you with this issue. I would go out on a limb to say it's valid as of right now unless you have proof that the debt's SoL had expired as a reason to get it dismissed.
If it has already gone to judgment it is far too late for the DV
If it has already gone to judgment it is far too late for the DV letter. Is there any way you can have the judgment vacated? Because if there is a judgment, they have absolutely no reason nor motivation at all to accept any settlement as they will be able to file to garnish your wages.
Failing the vacate, you can try filing an appeal against the default (I am assuming you did not go to court and defend yourself) and seeing if you can have it overturned, especially if the SOL is past.
Tate & Kirlin
Hello
I had recectly been contacted by the Tate & Kirlin collection agency regarding a repossion that occured a number of years ago (2001) This debt has been shifted from one agency to another, and has dropped off my credit report. I am unsure if the SOL for this would be 5 or 10 years. I know that per the Uniform Commerical Code of Missouri that its sttes that I am in the clear. But I just wanted to nkow if I have anything to worry about.
Check this out. Monday, January 8 2007 A Dec. 26 decision in
Check this out.
Monday, January 8 2007 A Dec. 26 decision in the Missouri Court of Appeals, Western District, was a poor Christmas present for a Missouri debt-buyer.
The court upheld a trial court's decision that D.A.N. Joint Ventures was unable to collect on a 1998 car-loan debt because the statute of limitations governing actions based on the breach of a contract for the sale of goods is only four years. D.A.N. had argued that the court should have applied a general 10-year statute of limitations found elsewhere in the statute.
D.A.N. Joint Venture v. Clark (MLW No. 55209) (7 pages), was the first case in which a Missouri appellate court has addressed the issue, but other jurisdictions across the nation largely have come to the same conclusion.