topic Re: Open Mouth, Insert Foot!!!!!!!! in Rebuilding Your Credit

Open Mouth, Insert Foot!!!!!!!!

MzCharming — Tue, 26 Feb 2013 02:13:52 GMT

I gots to be more careful!!!!! After reading some additional information on this board... I think I have reset the SOL on an account. They called and I acknowledged the debt. Old student loan (private from the college)... I was kinda cooreced into it. It was before 8am EST and I was on my way to work. Dang it all to hades... Anybody got any suggestions on how to handle this? Steps... No contact letter from here? I am at a lost.

Re: Open Mouth, Insert Foot!!!!!!!!

trix_r_4_kids — Tue, 26 Feb 2013 02:26:17 GMT

From what I understand, your state laws dictate SOL. What state do you live in?

Re: Open Mouth, Insert Foot!!!!!!!!

MzCharming — Tue, 26 Feb 2013 02:29:13 GMT

I live in GA... SOL is 6 years... there has been no activity on the account. I.e pmts since 2002. I did acknowledge the debt though... That could be a case of he said... she said though... unless they line was recorded. IDK.

Re: Open Mouth, Insert Foot!!!!!!!!

Anonymous — Tue, 26 Feb 2013 03:08:52 GMT

unless your state has some funky laws, it wouldnt have reset sol without you making a payment arrangement (new contract), and that might not even do it. that wouldnt change dofd though, just sol (possibly). check with the state, theyd tell you for sure.

Re: Open Mouth, Insert Foot!!!!!!!!

RobertEG — Tue, 26 Feb 2013 03:39:32 GMT

If you have the resources at your disposal to pay the debt, if they do bring legal action, then you can always pay prior to trial and avoid a judgment, so I dont think its a huge issue. Check your state SOL statute for any provision for reset of SOL based on admission of the debt.

Who called, the creditor or the debt collector? Have they reported to the CRA? If a debt collector, have you received duning notice?

If they have not sent dunning, their call may actually be of benefit as it will enable you to get at least a temorary cease collection bar by DV, which extends to their credit reporting

Additionally, it might give you the opportunity, if they have not yet reported, to offer a pay for not reporting.

You can make the most out of it, and I view the SOL issue as secondary unless you are planning to go to trial on the debt.

Re: Open Mouth, Insert Foot!!!!!!!!

Anonymous — Tue, 26 Feb 2013 03:54:09 GMT

You're ok. Here is GA code:

9-3-110
A new promise, in order to renew a right of action already barred or to constitute a point from which the limitation shall commence running on a right to action not yet barred, shall be in writing, either in the party's own handwriting or subscribed by him or someone authorized by him.

9-3-112
A payment entered upon a written evidence of debt by the debtor or upon any other written acknowledgement of the existing liability shall be equivalent to a new promise to pay.

9-3-113
A new promise shall revive or extend the original liabilty; it shall not create a new one.

Re: Open Mouth, Insert Foot!!!!!!!!

electra — Tue, 26 Feb 2013 04:11:46 GMT

Wait, so they called you before 8AM? First of all, I believe that violates FCRA, no? Shogun, Robert EG please weigh in here.

Also, DOFD was in 2002? So the debt is over 10yo? I take it it's a CA? Did you ever get a dunning notice from them? I would send them a DV CMRR pronto.

Re: Open Mouth, Insert Foot!!!!!!!!

RobertEG — Tue, 26 Feb 2013 10:38:28 GMT

FDCPA 805. Communications in connection with debt collection

(a) Communication with the consumer generally

Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisidciton, a debt collector may not communicate with a consumer in connection with the collection of any debt -

(1) at any unusual time or place or a time or place known or should be known to be inconvenient to the consumer, In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o'clock antimeridian and before 9 o'clock postmeridian local time at the consumer's location.

Re: Open Mouth, Insert Foot!!!!!!!!

MzCharming — Tue, 26 Feb 2013 14:05:28 GMT

Thank you sooo much for this information.

First off I am being contacted by the CA (Williams and Fudge) not the OC. They say that they have sent a letter. (Dunning I am assuming) however, I have not recieved anything nor has anything came in the mail... Everytime they call, they SWEAR they have my correct addy. (Again, I reinnerate that nothing has came in the mail nor have I recieved anything.) I can assure you that the call came in before 8am on a Monday Morning... I hadn't even had my Starbucks and the call left me a blubbering mess in the car. Litterally crying... this guy was so rude and uncouth. Since then someone different has called me EVERY time. So I will send the DV asap... as in I am typing it as soon as I finish this post.

Thanks Again!!!!!

Re: Open Mouth, Insert Foot!!!!!!!!

Shogun — Tue, 26 Feb 2013 14:44:09 GMT

Looks like you have a Zombie debt there. As RobertEG has stated, send them the DV. You are getting the strong arm tactic of a bottom feeder.