Outside SOL, PFD chances

[Credit-Comback-Kid]

Hey Everyone,

I'm new here but I've read a lot of the stickies and I would like to thank everyone who contributes!

Ok so I pulled my CR and a lot of my stuff is own by MCM/MF. The old state the I lived in I still fall under SOL but the new state I moved to back in 2009, when I stopped paying is outside of SOL.

From all of the searching that I've been doing I hear that MCM/MF doesn't give to craps about PFD or any type of GW letters.

Since they can't win under California what would be my best course of action? DV letter? After look at my credit report, I know those accounts and I am sure it was sold to them. I would like it just "fall off" but I have to get a Top Sec Clearance and I need those things gone before next summer.

Thanks!

[mechanicaljen]

If you're referring to Midland..I DVed them multiple times to no avail.

Then I sent a PFD letter, and the collection was removed from all 3 CRAs.  This happened about 2 months ago.

[Credit-Comback-Kid]

Outstanding, I will give this a try! Congrats btw!

[polno1234]

if i understand you correctly. the state that you lived in and incurred the debt in is still within the sol? but the new state that you live in now you are outside of the sol. i would be very carefull. most courts will rule that where you incurred the debt is the state sol that applies. and for sure the ca will begin by filing suit or attempting to appliy whichever state sol benifits them NOT YOU.

[gdale6]

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@polno1234 wrote:

if i understand you correctly. the state that you lived in and incurred the debt in is still within the sol? but the new state that you live in now you are outside of the sol. i would be very carefull. most courts will rule that where you incurred the debt is the state sol that applies. and for sure the ca will begin by filing suit or attempting to appliy whichever state sol benifits them NOT YOU.

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While it might be best if both are outside of SOL, I disagree with this, most judges are loathe to allow another states SOL in their courts even if the plaintiff tries it, I would however check the borrowing statues in the state you now reside in.

[Credit-Comback-Kid]

Do they try you where you currently live? I am currently in California and from all of the mail I looks like MCM is also based in California. The debt was created in Indiana.

[Credit-Comback-Kid]

Is it better to use the online disputes or mail it in?

[RobertEG]

Unless a debt is secured by real property, the FDCPA explicity provides a debt collector the option of bringing legal action in either the jurisdiction where the contract creating the debt was signed, or in the jurisdiction of current residency of the consumer.

SOL at trial would be that of the state where the action is being tried.

Unless you send a DV within 30 days of dunning notice, it imposes no cease collection bar on the debt collector, and they can choose to ignore it.

Expiration of either SOL or of the credit report exclusion period may limit a debt collector, but they can still pursue collection, pull your credit report, and have the final "clout" that another creditor may someday require payment of the delinquent debt as a condition for approval of new credit.

Application for a TS clearance will require disclosure of any deliquent debt, regardless of SOL or CR exclusion status.  The debt wont be gone.

It's status as unpaid could in and of itself be a major factor.  PFD would be great, as you would not have to dixclose as unpaid, and it would not show in your CR.

Not paying without a PFD may not be the best decision.

[Credit-Comback-Kid]

Thank you Robert!

If they filed suit in Indiana, I would be screwed because I have no way to defend myself in that situation.

It has been over 4 years and they are only sending me the usually 40% off that MCM does.

Its is reasonable to think they will go for a deep discount on this debt (broke college student) or will I just awake a sleeping gaint and then they will sue.

[polno1234]

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@gdale6 wrote:

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While it might be best if both are outside of SOL, I disagree with this, most judges are loathe to allow another states SOL in their courts even if the plaintiff tries it, I would however check the borrowing statues in the state you now reside in.

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in his case since the sol where he lives is expired they wont attempt to sue there. that leaves the state he incurred the debt in and the state where the credit issuing bank resides. the have a right to sue him in the state he incurred the debt in robert just stated that. he could attempt to get it time barred stating that the state he lives in now's sol applies. good luck in getting that to fly. they could attempt to use the clause they put in contracts that says something like "all legal action will be in the state of xxx where the credit issuing bank resides" thats the one i have never heard fly.