question

[pkenn]

i have an CO CC, that i had removed by the OC because they could not verify the account,and now have a CA hiring a local  law firm to came after me. can they still come after me if the OC removed it from my report and cant verify it? its still within the SOL.  i live in MA, and heard the statutes of this state might work to my advantage?

[LIGHTNIN]

If the CA owns the debt,yes they can still try to collect the debt. 

Is doesnt matter whether or not the OC is reporting on your CR.

Or whether or not the OC can verify the debt.

Whats the DOFD on this CC/CO? 

The statute of limitations on debt in Massachusetts...Written contract is 6 yrs from the DOFD.

 6years is the time limit you can be sued for a debt and they can win.

They can still TRY to collect on a debt over 6yrs old, if they do just make sure to SHOW up in court,and use passed SOL as a defense. 

If you do not show up in court, they can win on default. 

Message Edited by LIGHTNIN on 01-23-2010 02:21 AM

[newstart2010]

is it a real law firm?  Or is it a collection agency with a lawyer somehow tied and they are using it for bullying?  This is not uncommon.  You need to send them a DV letter to see if they can verify the debt as well.  If the OC couldn't, odds are the collection agency can't either.

SOL has nothing to do with it reporting on your CRs, but it is something you want to keep a focus on to make sure you do not end up with a judgement.

[pkenn]

i think its a real law firm in my state (MA) http://www.lgw.com/   I also heard MA has a different statute when it comes to DV . should i DV the PC or CA? 

Additional Rights

• Under the Attorney General’s Debt Collection

Regs., 940 CMR 7.04(e), creditors and collection

agencies may not cause expense to you in the

form of long distance calls, express mail charges,

wire fees, or other similar charges.

• Under the Attorney General’s Debt Collection

Regulations, 940 CMR 7.08, it is an unfair or deceptive

act or practice for a creditor to fail to

allow you or your attorney to inspect any document

on which the creditor is relying to prove

that you owe the debt being collected, e.g., a

credit card application, account statement, promissory

note, ledger, account card, or similar record

in the creditor’s possession, which reflects the

date and amount of payments, credits and

charges related to the debt. Collection agencies

must also provide you or your attorney with documents

which concern the debt being collected

within five business days of the request. 209

[LIGHTNIN]

If this debt is for more money then you can afford, get a free consult with an attorney in your area, specializing in collections.

The law firm in your post, is like the one that came after me. 

Let me tell you a little trick,the  lawyer acting like a CA done to me. Used my CR's to 

LVNV had my collection sent it to their sister company,the lawyerCA. They tried to take me to court,but I paid before the court date.

I thought great done with them, Wrong 6mos later...hear from them again.Same thing happen paid before court date,so I wouldn't have a judgment.

I thought OK done with them again.............I was Wrong again that was about 9mos after I dealt with them, the last time.

That is when I found my friends at MyFico. I read and learned how all of this works, but I still paid them.

The little trick was they used the CR's to acquire the other 2 collections, opting out didn't helped, they already had my CR. 

I still had to pay the amount of the original debt,with the 3k I paid,they said" no problem with deleting  the information from CR's".

The other 2 collections were for 2600 and 1500, they did not touch any collection under $1000. 

My point is to watch out for Lawyers acting like CA's.....I guess they are not smart enough, to practice real law. LOL