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Hi everyone,
I have read many post here about Hunter Warfield and have some questions on help with settling.
Back in 2008 I was evicted from an apartment complex in California that I was leasing with a "friend". They could no longer afford their portion of the rest, I couldn't find a roommate and was unable to pay it all on my own. I tried to get out of my lease and work with the complex but they were unwilling.
After a some rough years I am finally in the position to start looking into settling the debt and repairing my credit since this is the only bad thing on it. I stopped recieving letters from them and have no idea what my accoutn number is, and according to my most recent credit report I pulled it is still in collections and first went to collections in 9/2010. They have called me many times, never left messages and I have never spoken to them in person.
I have no idea even where to begin. Should I try to contact them, or first send out a DV?
Any help would be much appreciated
I would exercise my right to a DV. I would also verify that the original debt is outside your states SOL before poking around, not alwaYS good to poke a bear if it can still come after you.
@erin_86 wrote:
how would I go about finding if it's beyond the SOL? I've seen a few sites but find it very confusing. My credit report shows it will drop off in 2016 but don't want to wait that long and not be able to build/use credit
What state do you live in?
i believe it applies to the state you reside in....for a written contract its 6 years in arizona
@juggalo9er wrote:i believe it applies to the state you reside in....for a written contract its 6 years in arizona
Usually correct but AZ has some quirks in its SOL law for people moving in to the state
6 Years Written Contracts; in Az. §12-548
Special note: A 1 year residency is required in Arizona before the shorter SOL can be used if you have moved from a longer SOL State§12-507. Action against person removing to this stateNo demand against a person who removes to this state, incurred prior to his removal, shall be barred by the statute of limitation until he has resided in this state one year, unless barred at the time of his removal to this state by the laws of the state or country from which he migrated.
CALIFORNIA WRITTEN SOL LAW:
4 Years
Open Acct.: Reduced to writing- Written Contract: §337
§337. Within four years: 1. An action upon any contract, obligation or liability founded upon an instrument in writing, except as provided in Section 336a of this code; 2. An action to recover (1) upon a book account whether consisting of one or more entries; (2) upon an account stated based upon an account in writing, but the acknowledgment of the account stated need not be in writing; (3) a balance due upon a mutual, open and current account, the items of which are in writing; provided, however, that where an account stated is based upon an account of one item, the time shall begin to run from the date of said item, and where an account stated is based upon an account of more than one item, the time shall begin to run from the date of the last item.
First, is the debt collector now the owner of the debt, or are they simply an assigned collection agent of the original creditor?
If the debt collector owns the debt, then any legal action would be brought by them. The FDCPA gives them the option of bringing legal action in either the jurisdiction where the contract creating the debt was executed, or in the current jurisdiction of residency of the consumer. The prevailing SOL at trial would be that of the juriscition of the trial.
Second, did they send prior dunning notice?
If so, and more than 30 days has passed,a DV would not be timely.
Even if they did not send prior dunning notice, thus making a DV still timely, they can choose not to respond, and live with the cease collection bar it imposes until such time as they are ready to resume collection activities. in the interim, the cease collection bar would also preclude you from conducing negotiations with them should you seek to setle te debt.
Third, if push comes to shove, are you prepared to pay the debt?
If so, should they bring legal action that is still within SOL, you can pay prior to trial and any judgment by the court.