11-16-2012 11:08 AM - edited 11-16-2012 11:48 AM
If the SOL is time bar from CA taking me to court, to sue or to enter a judgment, then obviously the 2 collection agencies have no legal recourse to get me to pay the $6K. Why would I be motivated to do a PFD? I refuse to believe my only option is to wait until August 2015 until these 2 collection accounts drop off my credit report. What else can I do?
If or when they take you to court, you can make your argument to the judge about which part of the SOL statutes apply to your case and how they apply. Their attorney will probably be prepared to explain to the judge why SOL has not tolled. Make the assumption that SOL has tolled at x years at your peril. The judge will make a ruling.
Regardless, it doesn't change what is on your reports or stop the CA from trying to collect.
Edited to add:
I would suggest that you work on determining which CA actually owns the account and then offer a PFD to the one that actually owns the debt. If you are sure that you didn't owe the debt in the first place, then another option presents itself. You could sue the OC. You could make sure you have all the proof for your case and consult an attorney.
12-06-2012 01:10 PM
An update on this fiasco... it has taken since November for me to find a reputable consumer rights attorney in Los Angeles to help me with this situation. After speaking with this attorney at some length, it has boiled down to my ability to obtain a copy of the original lease. I've spent numerous hours on the phone (long distance) trying to connect with original creditor. I've called several offices of the original creditor, all to no avail. It has proven to be virtually impossible to get a copy of my old lease from 2007. The attorney needs to review the original lease to determine the merits of my case. That said, I'm really convinced that if I can't get a copy of my original lease, then neither can the two collection agencies that are attempting to collect on the same debt! The attorney also requested that I send him a copy of my credit report that shows the 2 collection agencies trying to collect on the same debt. He was going to talk with a partner to see what can be done about this, at least to get one CA off my credit report. So... folks... it's not enough to simply mail letters to CAs and CRAs. Four rounds of letters to CAs and CRAs since July have done nothing to deal with the two collection agencies attempting to collect on the same debt no matter how often I cite FDCPA and FCRA etc. These 2 collection accounts are the only derogatory items left on my credit report. So... process continues... and I'm still beyond frustrated.
12-06-2012 01:21 PM
the CA can report for 7 years plus 180 days that is the credit report time period. If you say that both of these ca's are trying to collect the same debt they cannot, I believe you would have reason for suit againstat least one of them and the CRA's for any damages to you due to the false reporting. I believe you need robert eg on this for the legal terminology.
12-06-2012 05:02 PM
I don't know how much my post will help, but because I can empathize with your extreme frustration level having been there several times myself I felt compelled to respond.
1. Don't give up, I believe that in this situation you will make progress if you keep at but it will be a lot of work and time consuming as you have already seen.
2. You have several different issues going on. I have had some real complex problems too and have found this forum works best when you break each issue down to one simpler issue and do one post on that vs trying to address all issues in a single thread. I.E.. Do a new post solely about the collection being inaccurate in the first place., do a separate post, in regards to how to address two duplicate collections both showing balance, do a separate post about what to do when several letters have failed to resolve a clear inaccuracy. I hope this makes sense.
3. An earlier poster had recommended BBB, FTC, AG complaints. Have you tried those yet? I have read many success stories here and elsewhere about those working when several rounds of initial letters have failed.
4. Make sure your lawyer has specific knowledge in this area or find one that does. I have several relatives that are lawyers, but they are absolutely clueless on collection issues because one is an immigration lawyer, one is an employment lawer, etc. Law is so broad it is important to have one that really knows the specific issue and laws in detail.
I could go on and on with other suggestions, but I hope the above tips are at least enough to start moving you towards progress on this.
02-07-2013 12:56 PM
An update on my situation...
As of December 2012, I have done 5 rounds of dispute letters since July 2012 to contest the validity of the debt, and disputing that two collection agencies are trying to collect on the same debt.
I've also consulted with an attorney in California who handles these types of disputes. He said that without a copy of my original lease, he can't ascertain the merits of the case and can't take on the case. To try to get a copy of my original lease I've called the management office of the building that I used to live in. Since the lease dates back to 2007 and this apartment building has changed property management companies at least 3 times, no one can help me obtain a copy of my original lease.
I've called the property management company in place at the time that I leased an apartment in this building in Los Angles and I have yet to be able to connect with the appropriate individual that can address this issue with me. No one at the property management company has been able to refer me to an individual or department that places people into collections for terminating a lease early.
I' debating whether to do a 6th round of dispute letters this month. This has all been so draining and time consumming.
The attorney that I consulted suggested that I try to sue these collection agencies directly myself instead of hiring a lawyer. The thing is, I don't know where to start!
02-07-2013 02:04 PM
02-07-2013 06:59 PM
Since July 2012 I have been disputing two collection accounts on my credit report. The purported debt ($6K) is related to an old California lease (2007-2008). Second, two collection agencies are reporting the same debt to the CRAs. The collection agencies report virtually the same date of assignment and the same collection amounts, so there should be no argument the debt is one and the same. Third, according to California law, the statute of limitations on written lease contracts is four years. Since the statute of limitations has expired, both collection agencies are legally barred from attempting to collect the debt. That is not what the SOL is for. There are only 2 states that say when the SOL has expired, the debt is extingquished. California is not one of them. The debt can be pursued forever.
Also, it is also unlawful under the FCRA, to have duplicate reporting of the same debt by two collection agencies. It is not unlawful to have 2 collections reported for the same debt. It is unlawful for 2 collection agencies to pursue collection activity ie sending dunning notices, calling etc.
Beginning in July, I've sent three rounds of dispute letters to all parties, i.e. the two collection agencies, and the three CRAs. To no avail. The CRAs respond each time by sending me the results of the dispute investigation and saying they have validated the debt amounts thru the collection agencies. I am at my wits end. I have read and re-read the forums on these types of collection account. I believe I have done everything I could, documented it all via CMRRR etc. At the very least, since the statute of limitations has expired, the collection agencies should close the collection accounts and report a $0 balance. At best, they should DELETE the trade lines from my credit reports.
I attempted to buy a home a few months ago and these collection accounts related to this lease was a significant factor why my loan was not approved.
So my question is... what else can I do to get these trade lines deleted?!? Is this now a situation where I should hire an attorney to get this resolved?