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Where do I begin?

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llecs
Moderator Emeritus

Re: Where do I begin?


musicgrad2011 wrote:

Here are the SOL's for GA: Written Contracts 6 yrs, Oral Contracts 4 yrs, Promissory Notes 6 years, and Open Accounts (including credit cards) 4 yrs

I'm in graduate school in Fl...should I be concerned with their limitations as well...if so theirs are as follows: 5 4 5 4 (in order) 


 

Some states allow for the tolling of debts. I don't know if Florida is one of those, or vice-verse back to GA. I'd check each statute carefully. Always assume that the longer date applies.

 

If out of SOL or you have the $$$ to PIF, and if an OC is unpaid, then send a PFD. If the TL is old or if through research you find that they are open to GW letters, call the OC to confirm debt ownership and then PIF. Send a GW letter asking them to remove any derog info. Do the same to those who have a track record of not accepting PFD letters. You'd want to prevent them from selling the debt to a CA and PIF stops future lates and future damage.

 

If out of SOL or you have the $$$ to PIF, and if a CA is unpaid, then send a DV letter. If they respond and you agree, then send a PFD.

Message 11 of 22
llecs
Moderator Emeritus

Re: Where do I begin?


musicgrad2011 wrote:
Ok, so if it says charge off...I can't pay it? I didn't pay those. 

 

Ignore the term "charge-off" when repairing. Really means nothing. An OC can charge off an account but still own the debt, add interest, and add lates each month.
Message 12 of 22
Anonymous
Not applicable

Re: Where do I begin?

Ok...LOL this is a lot of processing! So first if I have the money to pay any of the accounts off...I need to write and see if they'll agree to me paying for them to delete it off my CR. If they agree go forward? Do I need to get this information in writing? If the acct has been taking care of but is still showing on my credit send a letter claiming the credit and then send a second letter asking for GW? Just trying to make sure I have all of this correct.
Message 13 of 22
llecs
Moderator Emeritus

Re: Where do I begin?


musicgrad2011 wrote:
Ok...LOL this is a lot of processing! So first if I have the money to pay any of the accounts off...I need to write and see if they'll agree to me paying for them to delete it off my CR. If they agree go forward? Do I need to get this information in writing? If the acct has been taking care of but is still showing on my credit send a letter claiming the credit and then send a second letter asking for GW? Just trying to make sure I have all of this correct.

 

It was confusing for me too. Once I jumped in and did it, it all came together and made sense. Just remember to treat OCs and CAs differently and following the "What steps do I take" thread will help a great deal.

 

Keep everything in writing. Eveything. Esp. with a CA. Their word is never their bond. If I got just $1 for every lie reported by fellow posters about CAs, I'd retire.

 

If an account is paid, only send a GW.

 

 

Message 14 of 22
Anonymous
Not applicable

Re: Where do I begin?

Could you explain how the SOL works? 
Message 15 of 22
llecs
Moderator Emeritus

Re: Where do I begin?

Statute of Limitations are individually set by each states statutes or codes. It is usually found in the Uniform Commercial Code section within their respective laws. SOL covers a wide array of topics including the statute of limitations on assault, SOL on parking tickets, SOL on being sued for a debt, SOL for filing a claim if injured, and so on. There are probably 100+ covering various legal matters.

 

As it pertains to debt, as you saw, there are various SOLs covering specific debts like contracts, promissory (loan) notes, open debts (CCs), and so on. Every state has their own rules on when the SOL clock starts. Generally, SOL is based on the day you first went delinquent (DOFD) on a debt and never recovered. So, if you have a CC that went bad, lets say February 2010 as an example, then this month a 30 day late would appear. Next month a 60 day late will appear assuming you don't pay. Then you'll see a 90 day, then 120 , and so on. The time you went delinquent and never recovered would be 2/2010. The SOL clock starts from that point and ticks on. In your prev. post you mentioned that your state's SOL was 4 years for CC. So, the CCC or the collecting CA has until 2/2014, 4 yrs later, to file a lawsuit against you to sue you on an unpaid debt. If they don't do it by then, they cannot win in court if you were to defend yourself. Now some CAs try to be sneaky and sue past SOL, but you'd tell the judge that the debt is time-barred and the judge will dismiss the case if that's the situation.

 

When looking at SOL, you should really read your state's statutes very closely. Site like in the link I provided before list SOL but there are some errors. State laws change all the time and you should go to the source to confirm. Also, some states allow for SOL to be reset if you make a promise to pay (e.g. you tell the CCC or CA "I owe the debt, I'll pay you later"). This is why we tell everyone to keep everything in writing. Often calls are recorded without your permission and a CA will do anything to get you to pay or promise to pay. Some states allow SOL to reset if you make a written promise to pay. I'm in VA and it is like that here. Finally, some states will allow SOL to be reset, even if it was expired, if you make a payment on it. We suggest if you ever pay any debt, you do so to PIF. There's a case somewhere (note to self: find it and post this one day) where a family member found a 100+ year old library book in the attic of her home from which she inherited. The library book wasn't 100 years old, it was older, but it was checked out over 100 yrs ago. The person noted that the Library's name was inscribed in the book and she did the right thing to try to return it. Well, that reset SOL in their state and with the decades of library fines, the library then tried to sue that family for thousands and thousands of dollars. I don't know all the specifics and don't recall the outcome, but was a great example of what not to do with an unpaid debt.

 

The other thing to look out for is tolling. You mentioned that you moved from one state to another. You'd really have to dig into the statutes and look up the word "tolling" as it is used most frequently. Look in both statutes to see if that's allowed. Most states do not allow debts to be tolled.

Message 16 of 22
Anonymous
Not applicable

Re: Where do I begin?

I have another question. I've been doing research on the types of letters you told me to send. The debit validation letter is implying that I do not believe that I owe the debit and want the CA or OC to explain why I owe the money. LOL I know I owe so do I still need to send that letter?
Message 17 of 22
llecs
Moderator Emeritus

Re: Where do I begin?


musicgrad2011 wrote:
I have another question. I've been doing research on the types of letters you told me to send. The debit validation letter is implying that I do not believe that I owe the debit and want the CA or OC to explain why I owe the money. LOL I know I owe so do I still need to send that letter?

 

DV letters only go to CAs and is allowable through the Fair Debt Collections Practices Act. DV letters never go to OCs.

 

Why send a DV if you know your owe it? There's a few reasons:

 

1) A DV if mailed in a timely manner will preserve your rights under the FDCPA. In other words, it will stop the CA from additional collection activity, or at least until they verify the debt. In fact in some states, I think MS is one, you must DV before you can challenge a CA in court.

 

2) With that being said under #1, not all CAs are willing to accept a PFD or even settle. If you fire off a PFD or offer a settlement, they can (and have seen examples in here) opt to sue instead.

 

3) Some CAs after receiving a DV letter will verify and offer a settlement offer, by which you can base your PFD off of.

 

4) The chances for open dialog between you and the CA improves if a DV is sent first.

 

5) Some in here skipped the DV and went straight to a PFD but never got a response. One of the big reasons why there was no response was because the CA didn't own the debt. A DV letter establishes account ownership in part.

 

and 6) A DV can establish the amount owed. Some have sent PFDs first (present company included) and the CA was owed more or less than what was actually reported on the CR.

 

 

 

Message 18 of 22
Anonymous
Not applicable

Re: Where do I begin?

Thanks again, I'm reading the Steps again to make sure I do this in order. I want to get this taken care of but I want it to be done right the first time! Don't want to mess things up any worse than what they are. Thank you for being patient with me! Smiley Happy
Message 19 of 22
Anonymous
Not applicable

Re: Where do I begin?

Does this letter work:


02-19-2010

 

(My Name) Address City, State Zip

Debt Collector’s Name Address City, State Zip Re: Account Number

 

Dear Debt Collector:

 

I am writing in response to phone call/letter received from you on date xx/xx/xx. Pursuant to my rights under federal debt collection laws, I am requesting that you provide validation of this debt. Note this is not a refusal to pay, but a request that your offices provide me with evidence that I have a legal obligation to pay you.

 

Sincerely,

(My name)

 

Message 20 of 22
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