@kisbel65 wrote:SOL for contracts in Florida is 5 years. The DOFD is 11/2002. Great information. I already filed with the FTC, do I have to file with the state attorneys as well?
Thank you sooooooooooooo much for your help.
Good. Then you have no worries at all. You have filed with the FTC (Good), now file online with the state of FLA Attorney General. Just state the facts in order about what occurred, and what remedy you seek (complete removal of the item - due to the illegal regaging & state that you have proof...and send copies if they state they will accept). You could also file an AG complaint with the AG of the state the collector (or whomever reaged illegally) is in.
I have done this myself. It works more than people believe as the previous poster said. So if the letters, dispute with the CRA's, and AG complaint system do not work.....with all of this ammo in had a lawyer most assuredly would see the evidence and take the case for you...and you could not only get the item off, but cash in your pocket for these violations for your trouble.
Also...since the account was charged off, have you made any payment agreements or entered any payments with the creditor/collector since it wa charged off, etc? Or was it just charged off and no activity (no payments, no payment agreements, etc) since the charge off? That is important as well as it appears Florida is a DOLA state, and that date could be bumped up if you had any type of activity or agreement with a collector or payment history post-charge off.
If nothing...then you are fine. Also....NEVER SIGN A LETTER BEING SENT TO A COLLECTION AGENCY (should you decide to send one for the illegal reaging to them as well). Collectors have been known to lift signatures for that reason. Just type your name.
Starting Score: TU: ?-- EQ: ?--EX 560 (8-08)
@kisbel65 wrote:I have not signed an agreement with the CA. As I stated in my post, I contacted the CA in error (I was sooooooooo mad, I could not control myself). They said they were going to send me an agreement, but never did. I told them I filed with the FTC. I really screwed up calling them, but I was so angry. I did not Florida was DOLA state. Since I have not signed anything, will I be ok or does phone contact count as activity?
You shuld be okay as long as you did not completely admit to owing the alleged debt. But nonetheless, many collectors (esp front line callers) do not understand Credit Reporting laws themselves so even if you slightly did, you could still ambush the situation and show evidence that the date has been illegally reaged. That type of error, or calculated thing as done by a creditor or an OC has serious risk and by playing your cards as you have you should be ok.
And stay off the phone with collectors. Do everything in writing (CMRR), get everything in writing in which you could included a "limited" cease and desist order...not a complete one as they could use that to allege that you wanted no contact at all. Just specify that they are to contact you by mail only, and not telephone in any facet.
If they break that rule at all.....$1000 for FDCPA violation. You have a year to file for any type of violation from the date of "injury" meaning the date the violation occurred.
Just keep pushing it like stated above and push the Attorney General button (file a complaint). Things should work in your favor.
@kisbel65 wrote:OP here: I called TU yesterday to find out the status of my dispute with the re-aged account and the rep told me IT HAS BEEN DELETED. I have not received the CR because I moved and they need proof of address for my new address, but was assured it was deleted. I could not of done this without the help I received from this board.
I am sooooooooooooooo grateful. On the other hand, the company that re-aged the account keeps calling me to collect. I live in Florida which is a DOLA state, so I should not pay them anything, correct????
Great!!! Nothing. If it is reaged and the CRA has deleted its (not likely) it will reappear (if it did, CRA has to notify you in writing 5 days beforehand...if not FCRA violation & 1000.00 for you...it has happened, but in many cases once it goes...it's unlikely to come back)...and if it was in fact reaged, It is too old to have forced action (lawsuit) brought against you. Keep EVERYTHING for your records. Shady collector and even some who are desperate for money try to prey on uninformed consumers and file a suit (even if it were reaged) and should that ever happen you have your documentation to have it dismissed completely.
Many people in your same situation sit back, do nothing and even though the company suing has filed suit, its the consumer who has to show proof the suit is not enforceable. Many have sat back and allowed the creditor/collector to claim a summary judgement simply because the consumer did not show up to defend themself and show the proof and have the suit dismissed.
Of course this would be an extreme matter, but you get the point. Just keep all your documents. Never throw them away. And send a letter (Debt Validation) to the company who keeps calling you. In that letter, request a LIMITED CEASE and DESIT order and inform them to only ocntact you by mail. Never phone.
Ensure it's a LIMITED cease and desist, as a complete cease and desist can backfire and the company doesn't contact you at all in response to your DV request and tries to use it as a defense in court should it ever go that far. Usually, they will go away (being out of SOL) and could pop up as zombie debt after being sold to another CA.
Have you checked your other reports to ensure it is not present on them (Experian & Equifax) as well?
My question is what if you dont have the proof?
Every sicne I won my judgment, other companies are coming out of the woods, sending me letters.
They have all passed the SOL.
They dropped off 2 years ago, and I ahve no reports showing when they would drop. But they are no longer on my reports. And the CA said they dont keep reports back that far.
@terren2000 wrote:My question is what if you dont have the proof?
Every sicne I won my judgment, other companies are coming out of the woods, sending me letters.
They have all passed the SOL.
They dropped off 2 years ago, and I ahve no reports showing when they would drop. But they are no longer on my reports. And the CA said they dont keep reports back that far.
Send these bottom feeder compaies debt validation and request documents with your actual signature and date to prove that this debt is valid and legally enforceable. They may go away, send you the same letters by ignoring your DV (send them another reiterating your point if they do), and some will try to send a statement (old one usually)...but to enforce a judgement of any kind, the collector must prove it's within the SOL.
Use the complaint system (and use facts, dates, etc - if you can recollect) in filing an out of SOL complaint with the Attorney General for the state of the bottom feeder collector and your state should the bottom feeder not respond or comply with your requests for Debt Validation. Send it CMRR (Certified Mail Return Receipt). Do EVERYTHING in writing. Stay off the phone with collectors, and never admit to debt (even if its yours)...potentially incriminating evidence should it go that far. Always refer to as "alleged debt". If it's out of SOL, it's their burden to prove, not yours.
thanks, will do that.
@Pushto700 wrote:
Send these bottom feeder compaies debt validation and request documents with your actual signature and date to prove that this debt is valid and legally enforceable. They may go away, send you the same letters by ignoring your DV (send them another reiterating your point if they do), and some will try to send a statement (old one usually)...but to enforce a judgement of any kind, the collector must prove it's within the SOL...
Great advice, and just to clarify for anyone who might have misread this, don't send them anything with your actual signature. You want to request that they provide you with copies of documents that have your original signature.
I'm sure this was perfectly clear to everyone else, but I read it wrong first time through. 