#1 Consumer Suggestion
AUTHOR: Steve - Bradenton (U.S.A.)
SUBMITTED: Sunday, August 27, 2006
POSTED: Sunday, August 27, 2006
Amy,
There are several ways to go here, but the first thing to keep in mind is to never speak to anyone on the phone, and do everything in writing, by certified mail, return reciept requested. When doing this, put the certified# on the letter itself, and keep a copy for your records.
Now, there are several things to determine. The first being are they actually entitled to collect on the "debt". What I mean is, do they own it or are they collecting for a third party? The second is are they licensed to do collections in FL?
The next thing you left out wasif there was any collections activity by Asset Acceptance prior to them filing the lawsuit? If not, you can call it a frivolous lawsuit. These are easy to get dismissed.
What type of debt was it/ You never stated what it was,or how much, or who the actual creditor was. I really need this info to give you the right advice.
Here is the generic response, based on the information provided. By the means above, send a response to both the Court and the Attorney for Asset Acceptance. Here is what you put in the response: Aftger being sure your name, address, and court case # are clearly identified, state the following.
"In response to the summons I recieved dated xxxxx, case # xxxxx I hereby deny the claim by Asset Acceptance. I have never heard of or done business with Asset Acceptance prio to this lawsuit being filed, and have never signed a contract with Asset Acceptance for anything. Asset Acceptance has not engaged in any collections activity prior to filing this lawsuit, and due to that fact, I declare this lawsuit frivolous, and request that it be dismissed as such immediately with prejudice.
If not dismissed immediately, I hereby request a full accounting of said debt including whatever I signed to create said debt as well as a full account history, and itemization of charges. In addition, I need to see something that indicates Asset Acceptance has the legal right to collect sid debt aand also that they are licensed to do debt collections in FL where I reside. Asset Acceptance claims I made a payment on this debt in June of 2003, and this is simply false. I hereby request proof of such payment. I think they have me confused with someone else.
I hereby deny any and all claims by Asset Acceptance in regards to any debt.
PRINT your Name..NEVER sign anything going to any debt collector, as your signature could magically appear on a contract or other document.
Asset Acceptance just hopes for the default judgement and will rarely go all the way.
Please post the additional information I requested so I can give you more specific advice.
#2 Consumer Comment
AUTHOR: Michael - Bountiful (U.S.A.)
SUBMITTED: Sunday, August 27, 2006
POSTED: Sunday, August 27, 2006
I am dealing with a similar problem only with an attorney. (Claims of huge fees but cant justify them). I have asked repeatedly for an itemized detailed receipt of the charges but I have yet to see one. They still want their money of course but I am not giving them a dime untill I see that receipt. They got even more stubborn when I said that I wanted that information to turn over to my attorney for review. Hee hee!
So I suggest doing the same thing and maybe filing a counter suit against them. Companies don't like it when customers fight back. Don't let them threaten you with jail because it is crap. You don't go to jail for being in debt. Just tell them to get lost and provide you with justification for the charges and aometing with your signature on it.
Since you were 17 at the time, I am pretty sure that MINORS cannot legally enter into an agreement. This also may be an attemtp to collect on someone else's debt. The original debtor may be dead, bankrupt or whatever and they are now using YOU to pay it off even though you have nothing to do with it. Might explain why they have nothing with your signature on it. Anyway, if you owe it pay it. If not tell them to get lost. Cheers!
#3 Update By Author
AUTHOR: Amy - holiday (U.S.A.)
SUBMITTED: Sunday, August 27, 2006
POSTED: Sunday, August 27, 2006
Asset Acceptance attached a generic letter to the summons saying they bought accounts from unifund. My name and none of my information is anywhere on this letter. I do believe Asset Acceptance is allowed to collect in Florida. They had sent me collections letters in the past, but I ignored them because I had never heard of them. The original creditor was Citibank. It was a credit card. They are saying the principal is 4895.53 and 2864.88 in interest for a total of 7760.41. Should I still send a response? I do know I have to show up and defend myself so they will not win a default judgement.
Someone had told me to write Asset Acceptance a certified letter asking them for all proof of account history, photocopies of payments, and proof they own the account. Send a copy of that letter to their attorney that is handling the case and a copy goes to the court. Also, file a motion to dismiss stating I don't have any knowledge of this account. Does that sound right? And if it does do I file the motion to dismiss before I go to court, or when I am in front of the judge?
#4 Consumer Suggestion
AUTHOR: Steve - Bradenton (U.S.A.)
SUBMITTED: Sunday, August 27, 2006
POSTED: Sunday, August 27, 2006
Ok..Now that we are on the same page, here is what you need to do. Since you do have knowledge of a bad debt to sitibank on a credit card the things you have to do are to challenge everything regarding THIER ownership of the debt and THIER right to collect it.
Whether you assume they have the right to collect in FL was not the point. The point is, it is your right to make them PROVE IT.
Also, Citibank is out of the picture as they charged off, sold, and took the tax deduction for the loss on that bad debt.
Asset Acceptance has to prove YOU owe it to THEM! That is how you beat them. You have a right to see the contract that shows they bought it as well as how much they paid for it. This is essential, because in Florida you can only sue in small claims for what you actually lost, not future value/ damages, etc. If they only paid $5 for the account it is your right to know that, and make the court understand that they are not a creditor, and bought that old charged off debt for an INVESTMENT. How can they use the court to enforce a return on INVESTMENT?
You see where I am going here? This is how you beat them.
Furthermore, they bought it from Unifund, another JDB. You can demand to see proof that Unifund actually owned it and had a right to collect it, because if they didn't, then the sale of it to Asset Acceptance was ILLEGAL.
You can do this all the way back to CitiBank.
Remember, STAY OFF THE PHONE!!
Your next move is the motion of discovery. If all they offer is old citibank statements, the case won't fly in court. They MUST prove the things I stated in order to beat you in court. And they know it!
#5 Update By Author
AUTHOR: Amy - holiday (U.S.A.)
SUBMITTED: Sunday, August 27, 2006
POSTED: Sunday, August 27, 2006
So what shoud I do next, I can't afford to lose this judment. I work full time, I am in school part time, and I have a two year old to take care of.
Please help me!
What should my first step be?
Should I write them a certified return receipt letter asking them for proof and file it with the clerk of court, should I file a motion for discovery, should I file a motion to dismiss? SHould I take the letter I have from Equifax stating it was deleted off of my credit report after being investigated? All of the above? And when should I file the motion, before I go to court, or give it to the judge when I am at court? I am so confused. How can I make them prove they have the right to collect in Florida? Do I just tell the judge when I go to court that I want proof of the debt, proof that they own it and how much they paid for it, and then if they provide that just tell him how can they sue me for almost $8000 when they are only out $5? If I do have to file a motion for discovery, how do I do that? Please tell me exactly what you would do in this situation and how to do it.
Please help Steve!!!!! I am desperate!!!
#6 Consumer Suggestion
AUTHOR: Steve - Bradenton (U.S.A.)
SUBMITTED: Monday, August 28, 2006
POSTED: Monday, August 28, 2006
Amy,
I suggest you print out this thread so you can reference the prior posts.
The first thing you need to do is respond to both the court and the Attorney for Asset Acceptance by the means above. Just pick out the facts that apply from what I suggested.
Second, you need to file the motion of discovery. Any paralegal or legal aid office can help you with this. Some court clerks will assist you.
Keep in mind, anyone can sue anyone for anything or any amount. That doesn't mean the suit will actually go anywhere. They prey for default judgements.
As far as the other items, you can file a motion to force them to produce documents that they own the debt [and how much they paid for it], or are legally entitled to collect it. You can also file a motion for the court to force them to prove they are licensed to do collections in Florida. The more motions you file, the better chance they will dismiss. Every motion you file costs them more money as they have to pay thier attorney to respond to it.
You might want to get an attorney if you are unsure of how to do these things, as it would be cheaper than the judgement. If you win, they will have to pay your legal fees and court costs. And you can countersue them for damages.
Or you can let them get the judgement and just never pay it. If you have no real income or assets, they can't collect anyway. Wages can only be garished as a percentage of your disposable income. So really they would never get paid anyway. I don't really suggest this option.
I hope this helps.
#7 Update By Author
AUTHOR: Amy - holiday (U.S.A.)
SUBMITTED: Sunday, September 03, 2006
POSTED: Sunday, September 03, 2006
I'm still in the process of dealing with this lawsuit, and am just trying to get as much info as possible. i am not really understanding the florida statute of limitations laws. For a credit card debt is it 4 or 5 years? And does making a payment restart the clock? I read the actual law and the language is so confusing. it sounds like the date of your first missed payment starts the clock. if you make a payment that month doesn't count??? so im thinking you have 2 years since your first missed payment in january of 2000. you make payments for two months for february and march of 2000. In april of 2000 does this count as 2 years and 1 month or you start from the beginning?
#8 Consumer Suggestion
AUTHOR: Steve - Bradenton (U.S.A.)
SUBMITTED: Monday, September 04, 2006
POSTED: Monday, September 04, 2006
Amy,
The SOL in FL on credit cards is widely misinterpreted. Normally credit cards are considered "open" accounts as they are open ended which is 4 years from date of last activity.
However, there is case law in FL for being treated as written contracts which have a SOL of 5 years. Always work on the 4 year interpretation and make the collector build a case for the 5 year standard.
SOL is very simple. It starts upon your first major delinquency which is generally after your first 30 day late. Then, IF the creditor reports a charge off, that becomes your new date of last activity, and the only thing that can change it is making a payment or an agreement to pay.
The clock totally starts over when a payment or agreement to pay is made, and all prior time is lost. If they say you made payments, make them prove it. Otherwise stick with your story that no payments have been made.
Make them prove everything.
#9 Update By Author
AUTHOR: A - someplace (U.S.A.)
SUBMITTED: Saturday, September 09, 2006
POSTED: Saturday, September 09, 2006
Well, I had my pre-trial conference. I denied the claim stating that I thought they had the wrong person. The trial is set for the beginning of November. The judge denied my motion to dismiss, and said he would only allow florida rules of civil procedure limited to production of documents. I believe my next step is to send them a request for production of documents. How should I word this and how long does asset acceptance have to respond. If they don't respond what do i do then?? Anything else I should be doing in the meantime? also, asset acceptance had said one of their staff attorneys would be trying the case, and a local lawyer that I guess they hired showed up to the pre-trial conference. who should my requests and motions be sent to know? the staff attorney or this local lawyer from the pre-trial?
#10 Consumer Suggestion
AUTHOR: Steve - Bradenton (U.S.A.)
SUBMITTED: Sunday, September 10, 2006
POSTED: Sunday, September 10, 2006
Amy,
File a motion of discovery and then pick apart what they send you. In court you can demand a full account history and itemization of charges. They also need to be able to show something with your signature on it as opening the account. If they cannot produce this, they cannot win.
The motion to dismiss was premature.
Asset Acceptance would most likely not pay a trial lawyer to handle this account. They usually hope for the default judgement.
You can file the motion to dismiss before trial if they fail to provide the discovery you requested. Do the motion of discovery right away.
The key here is, they will only spend the time and money to sue if they think they can actually get paid. If you own nothing or have a small income they know they can get nothing.
#11 Consumer Suggestion
AUTHOR: Lucile - Apopka (U.S.A.)
SUBMITTED: Saturday, December 30, 2006
POSTED: Saturday, December 30, 2006
Poor Amy.
She's received a small claims summons and Steve is telling her to use FDCPA tactics when she's already been sued.
I am shocked at Steve's ramblings on FL SoL.
"The SOL in FL on credit cards is widely misinterpreted. Normally credit cards are considered "open" accounts as they are open ended which is 4 years from date of last activity. However, there is case law in FL for being treated as written contracts which have a SOL of 5 years. Always work on the 4 year interpretation and make the collector build a case for the 5 year standard. SOL is very simple. It starts upon your first major delinquency which is generally after your first 30 day late. Then, IF the creditor reports a charge off, that becomes your new date of last activity, and the only thing that can change it is making a payment or an agreement to pay. The clock totally starts over when a payment or agreement to pay is made, and all prior time is lost. If they say you made payments, make them prove it. Otherwise stick with your story that no payments have been made."
It's not misinterpreted. If the plaintiff seeks recovery on an open account cause of action, that is an action not founded on a written instrument, thus a 95.11(3)(k) 4 year action.
If the plaintiff seeks recovery on a breach of contract action, the nature of the claim is determined by whether any resort to parol evidence would be required to prove liability of the party to be charged of the promise to pay or whether all the evidence comes from the face of the writings in evidence. There is no FL case law that says specifically that credit cards are founded on written instruments. 3 party bank cards are not store accounts, which was the erroneous advice being put out by some "advisor" to Floridians posting on ROR, but neither are they written instruments as resort to parol evidence is always necessary, especially with document-challenged JDBs.
"First major delinquency" may be a credit reporting concept but it is not defined in the legal realm. The limitations period commences at the point of the breach of the agreement which is the first point of the delinquency. There is no distinction regarding major/minor or whatever. Steve's stuff about creditor reporting charge-off creating some sort of limitations relevant date of last activity is nonsense.
Since their is no tolling provision for actions not founded on a written instrument, partial payments are irrelevant to the computation of the limitations period. The only date that matters is the commencement of the delinquency for a BoC action.
Steve wants Amy to file Discovery motions, except that Amy is a small claims defendant where Discovery is closed unless she opens it,
The PLTF has 60 days to produce their evidence to support their claim under FL small claim rules.
All Amy had to do was raise the necessary defenses to force them to produce that evidence.
All Amy had to do was file any counterclaims 5 days prior to the pretrail conference.
Poor Amy should have gone www.debtorboards.com or www.floridadebtor.com for free competent Florida specific information.
#12 Consumer Suggestion
AUTHOR: Steve [Not A Lawyer] - Bradenton (U.S.A.)
SUBMITTED: Sunday, December 31, 2006
POSTED: Sunday, December 31, 2006
Lucille, where exactly did you come from? What is your exact legal background, and what do you do for a living?
It appears that you are some uneducated debt collector, or the like. or another paralegal who thinks she is a lawyer.
That "law" you posted has absolutely nothing to do with the issue at hand. It is only an index of various applicability of SOL.
Here is the entire statute, and the [mis]information you posted, in not there.
>>95.11(3)(k) is the reference you made.
95.11 Limitations other than for the recovery of real property.--Actions other than for recovery of real property shall be commenced as follows:
(3) WITHIN FOUR YEARS.--
(k) A legal or equitable action on a contract, obligation, or liability not founded on a written instrument, including an action for the sale and delivery of goods, wares, and merchandise, and on store accounts.
>>>
So, where exactly is the reference to open ended vs written contract as it applies to SOL?
Once again, Lucille makes a statement that she cannot back up.
FL law is 5 years on written contract, and 4 years on open ended. However, there is some precedent for credit card debt to be treated as written contract. I have actually seen this in a FL courtroom more than once. This is a fact.
And, from your previous post to me regarding TOLLING. That is when a SOL is started or stopped due to the debtor leaving the jurisdiction of the state in which the SOL applies. Under the FDCPA, the creditor may use the SOL of either the state the debt was established or the state of current residence at their discretion.
Furthermore, the SOL in FL IS reset with any payment or agreement to pay. This, is another fact.
And, if the said debt was not charged off, the SOL is set on date of last payment or account activity. If the debt was charged off, the SOL starts on that date.
So, once again, if you are going to slam and correct people, at least get your facts straight.
I have actually had these issues in a real courtroom in the State of Florida. And, I WON.
#13 Consumer Suggestion
AUTHOR: J - Lakewood (U.S.A.)
SUBMITTED: Sunday, December 31, 2006
POSTED: Sunday, December 31, 2006
The statue of limitation for florida will have some changes taking effect july 1, 2007
Generally, under Florida law, the statute of limitation begains to run when a person has notice of an invasion of legal rights or notice of his right to a cause of action
Intent of statute setting forth limitations period for contract action is to limit commencement of actions from time of there accrual. generally,cause of action on contract accrues and statue of limitations begain to run from the time of breach of contract
Only those circumstances expressly provided by Florida's tolling statute will toll statute of limitations.
One of the most misunderstood part of the tolling Statute If a person is absent from the state of Florida: Its was not the Legislative intent to stop the clock or move the limitation, to a state with a higher time on statue of limitation, if a breech had been made.
if a person is severable or had received noticed the statue of limitataions still runs and is not tolled. courts go either way on this one
The july 1, 2007 changes will effect 95.11(3)(c)
LACHES.--laches shall bar any action unless it is commenced within the time provided for legal actions concerning the same subject matter regardless of lack of knowledge by the person sought to be held liable that the person alleging liability would assert his or her rights and whether the person sought to be held liable is injured or prejudiced by the delay. this substation shall not affect application of laches at an earlier time in accordance with law
Title VIII chapter 95 covers Florida statue of limitations
95.11(2) within 5 years
(b) a legal or equitable action on a contract, obligation, or liability founded on a written instrument credit cards are in MOST court considered open contracts, because the amount changes each month, unlike a car or house payment. which would fall under 4 years
#14 Consumer Suggestion
AUTHOR: Lucile - Apopka (U.S.A.)
SUBMITTED: Sunday, December 31, 2006
POSTED: Sunday, December 31, 2006
Steve, nothing illustrates your incompetence more than comparing your emotional, erroneous assertions about FL SoL to J from Ohio. J has alot of grasp of aspects of the law. You, Steve, are just a cyber-armchair quarterback who has never spent the time in the law library like people like me to actually learn what all the relevant case law holdings say about the law. Without knowing the case law, you are ignorant of the law, and you are clearly ignorant of the law.
"So, where exactly is the reference to open ended vs written contract as it applies to SOL?"
This proves the point. You're just an internet-junkie armchair quarterback who has never done the necessary research in the law library to know exactly what the law is from the case law.
FL limitations law does not define "open-ended" or "written contract".
Noone knowledgable in FL limitations law would use such ignorant terms. That lingo is the standard-fare bandied about by internet-junkies who don't know the law. Obviously you know nothing about McGill v. Cockrell, ARDC Corp. v. Hogan, Mercy Hospital v. Carr, Johnson v. Harrison Hardware and Furniture and Gulf Life Ins. v. Hillsborough County.
A PLTF has the choice of what theories of recovery (CoAs) to allege. He could chose an open account cause of action, which has nothing to do with a TILA definition defined for the likmited purpose of lending disclosure. OR the PLTF could choose a breach of contract cause of action. That does not automatically come with a 5 year limitations period if the nature of the claim is not founded on writings that could constitute a written instrument.
If you had detailed knowledge of the law, you would understand this powerful argument for a DEFT. But you are ignorant of this element of the law.
"FL law is 5 years on written contract, and 4 years on open ended. However, there is some precedent for credit card debt to be treated as written contract. I have actually seen this in a FL courtroom more than once. This is a fact."
Again, this just illustrates that any research you may have done is from internet sites and not from the law library. There is nothing defined in FL limitations law that says "actions founded on open ended agreements." There is nothing in FL limitations law that says "actions founded on written contracts." You're just an ignorant internet-lingo junkie.
There is no FL precedent that says the limitations period for credit card debt is 5 years in FL. The specific criteria of whether the 5 year or 4 year SoL applies to any contract, obligation or liability in mostly defined in those cases I mentioned.
"Furthermore, the SOL in FL IS reset with any payment or agreement to pay. This, is another fact."
Again, you're ignorant Steve. Partial payments after the breach are only relevant regarding tolling for actions founded on a written instrument, not actions not founded on a written instrument. You again fail to grasp what the law provides to a defaulted debtor.
"And, if the said debt was not charged off, the SOL is set on date of last payment or account activity. If the debt was charged off, the SOL starts on that date."
Steve, I feel sorry for you. Anybody with knowledge of the law, like J from Ohio, knows the limitations period starts when the CoA accrues, which is at the point of the breach, which is the commencement of the delinquency, not anything later. You fail to grasp what the law provides to the defaulted debtor.
If the FL legislature has provided a tolling provision, the limitations period can be renewed, which is only in the case of a payment of any amount of principal or interest on an action founded on a written instrument.
#16 Consumer Suggestion
AUTHOR: Steve [Not A Lawyer] - Bradenton (U.S.A.)
SUBMITTED: Sunday, December 31, 2006
POSTED: Sunday, December 31, 2006
Lucile,
Or should I say RubyRuby27?
It is obvious that you have never actually spent a day in court or actually defended yourself in a collections action or lawsuit. I have. And, I have won every single time.
You are not worth my time, as you are a moron. I have no idea where you came from all of a sudden, but you need to go back there.
I have no idea what you are trying to prove here, but you need to get some actual experience in defending these types of cases as I have, and get a track record of 100% in doing so like I have, and then post your ignorant and insulting remarks.
Your educational level and the lowering yourself to personal insults prove your character and who you really are. Grow up.
#17 Consumer Suggestion
AUTHOR: J - Lakewood (U.S.A.)
SUBMITTED: Monday, January 01, 2007
POSTED: Monday, January 01, 2007
The more time we spend in fighting, the OP, isn't getting the help that was requested and it plays right into, these collector that post crap here.
I don't know if Lucile is this rudyrudy27 but whom ever rudyrudy27 is, is not an attorney, some of the reply's I read on another web site, well to be nice, were way off base.
Steve, I may not agree with some of your post (but that's my opinion) overall your advise is sound and most i would follow or use to get me started in the right direction
If anyone ever read an opinion of a court, you'll fine, these opinion loaded with case laws.
2 courts could, each read them and come to a different opinion. the 11thand 9th are great fot that.
any advise from me, should be used as a guide to get you pointed in the right direction.
case laws could be important in you case, if your going to argue a point of law
almost every state statute will have many case law to use with that statue
Amy, sorry if i cause any of this. it wasn't my intention. even in small claim court you can request discovery, that's up to you, me i would want to have every thing, cause if it isn't on the record you May miss out on some appeal evidence, so it your call on this, your the one standing there in front of the judge
Steve has given you pretty good advise
oh the part about the violation with the fdcpa, use those in your countersuit
gook luck, i'll look in from time to time to see how your doing
#18 Consumer Comment
AUTHOR: Steve [Not A Lawyer] - Bradenton (U.S.A.)
SUBMITTED: Monday, January 01, 2007
POSTED: Monday, January 01, 2007
J,
Thats what the Lucile's, Ruby's, and Amy's of this site refuse to comprehend.
The information I give is just that. INFORMATION. Not legal advice. It is basic information given as to what worked for me, and that is all it is now and all it ever was.
I never get into exact legal procedure, as I am NOT a lawyer, and do not want to appear to be giving legal advice [Like Ruy, Lucile, and Amy do]. And, each state has very different rules of civil procedure as well as very different statutes regarding SOL, garnishments, and other issues.
BASIC information to get someone pointed in the right direction. That is all. This is because MOST collections issues NEVER make it to court anyway. That is my object. To help people stop collectors, so they will not have to go to court and hire a lawyer. Objective #1.
When people do actually get sued, I ALWAYS suggest the hiring of a competent lawyer at that point, if possible.
However, the sad fact is, that MOST people that need legal representation cannot afford it, and go without.
Then, objective #2 comes in. Minimize the damage and the cost. Again, not legal advice, but just what has worked for me. Again, a starting point for someone to do their own research.
Some people just like to argue and put people down and appear to be smart. That is not my intent here. I truly like to help people. Any moron can research and regurgitate statutes from internet law libraries and post on ROR and try to appear to be intelligent.
However, actually using what you have read and applying it to a real world situation, and winning is what it is really about. That is success, and I have personally seen success many times. That is what I am posting. Success stories.
#19 Consumer Suggestion
AUTHOR: Amy - Red Wing (U.S.A.)
SUBMITTED: Monday, January 01, 2007
POSTED: Monday, January 01, 2007
FYI,
If Steve wants to attack me that's fine but when he does it thinking that I'm posting under someone else's name that's not fine. I only post under my own name and not that of Lucile or Ruby or anyone else.
Thanks,
Amy
#20 Consumer Comment
AUTHOR: Alan - Boca Raton (U.S.A.)
SUBMITTED: Monday, January 01, 2007
POSTED: Tuesday, January 02, 2007
One other thing , check the account number and see if it is the correct account number you had. Many times they send bogus account numbers.
Hope this helps.
No clock starts over at all when they break the law regarding the statute of limitations.
Plus your big plus is you were a minor when you had that credit.
Really peruse this closely and call every single regulatory number on your credit reports especially the FTC. Clear all the bureaus, Trans Union and Experian too.
Hope this helps,
Alan
One last thing , what state did this originate from is that statute of limitations may be shorter.
#21 Consumer Suggestion
AUTHOR: Steve [Not A Lawyer] - Bradenton (U.S.A.)
SUBMITTED: Tuesday, January 02, 2007
POSTED: Tuesday, January 02, 2007
Alan,
In Florida, the maximum SOL is 5 years which is for written contracts. Credit cards known as open accounts are 4 years, but some have been ruled to be written contracts at 5 byears, depending on the case. I have actually seen this in the courtroom.
And, SOL is restarted whenever a payment or agreement to pay is made.
Furthermore, there is no government agency that offers assistance or representation to an individual regarding debt collections.
The FTC has the jurisdiction over enforcing the FDCPA and FCRA, but only do it on a class basis.
The only real recourse a debtor/consumer has is to sue.
#22 Consumer Comment
AUTHOR: Alan - Boca Raton (U.S.A.)
SUBMITTED: Friday, January 05, 2007
POSTED: Saturday, January 06, 2007
OK, now here is an important point. Did they issue a credit card on top of another credit card and what state did the new credit card come out of.
The statute of limitations in the state of VA is 3 years.
Another thing , there is an 800 number you can call in Florida which strictly will tell you that it is illegal to issue a credit card on top of another credit card especially when the statute of limitations has been violated.
There has to be some accountability of either the full pledge regular card issuer or the collection agency.
They use artifice to trick the plebian into signing contracts that are really not enforceable when they had knowledge in the first place that they were not permitted to do this.
Case in point, The Credit Store had a class action filed by debtors and attorneys against them because the portfolio they bought was beyond the statute of limitations for issuing credit cards under the First National Bank of Brookings South Dakota. The class action party won and the Credit Store was driven out of business by the size of the judgment reached. The Credit Store was the credit card servicer.
You can I am sure use this as a defense in court about that you were tricked into signing something or something was put past you in your credit report without your knowledge.
Let me put it this way, you have to use your common sense and the legal aspects don't always win over the fact that in Life there is something called such things as negotiations.
I have had a suit in a medical situation dismissed when I showed up in court when I just gave my side of the story and it did not have anything to do with WA law where I was at the time. It was just common sense on the collection agencies part not to pursue it.
Now the funny part of the story is I got a collection letter after the dismissal with prejudice but that was a intimidation tactic and they wanted to have some fun with me. Well, I just put it in my collection letter file and referred back to it for an educational use.
So remember, law does not always win over negotiations and that does not always win over plain common sense.
It depends on the people who preside over the case and their moods and feelings about you as a person and they also look at character.
So, in the end please don't be overwhelmed by legal procedure as they know you are not an attorney and they also know that you don't have the instruments of what attorneys possess , so they have to look at you differently. Attorney Pro Se, is just a way to fight for your own self when you are faced with something and you can't afford to have expensive consulting advice or expensive attorneys if it was in a higher court of law.
Just respect the Flag and the Court , you ought to come out fine. If the stakes are not high they won't close in on you.
I give you my best.
Thanks for the time,
Alan [A Prosumer of our Greater Society]
#23 Consumer Comment
AUTHOR: Alan - Boca Raton (U.S.A.)
SUBMITTED: Friday, January 05, 2007
POSTED: Saturday, January 06, 2007
OK, Steve,
Credit cards are considered open accounts and I have a website that Brandon can go to and you yourself can also and I did not get this from the FTC.
But I did have a friendly conversation with someone from the FTC. Read the book, How TO Make Friends and Influence People.
The website is and this is important for the ripoff report to know as a link given all the complaints that get regarding finances of one type or another. This has each states time limits.
Here is the pivotal website to help many.
I don't like to be contradicted as when I say something I make sure I know what I am talking about as I speak from experience and many hours of graduate school research with the markets.
http://www.cardreport.com/laws/statue-of-limitations.html
So there you have it.
Hope this helps,
#24 Consumer Comment
AUTHOR: Julie - Lake Placid (U.S.A.)
SUBMITTED: Friday, June 22, 2007
POSTED: Friday, June 22, 2007
I am just curious but what happened with Amy's case Did the 4yr or 5yr SOL Argument work , the Underage Argument, or the Right to collect argument ? I am in a similiar situation and I am between the 2 classifications at 4 1/2 years. I was served 4 years 6mo's & 25 days from the last activity. The date of the pretrial conference will put me at 4yrs 8mo's pretty close! If Amy could please respond and give advice from her experience in court I would greatly appreciate it!
Thanks
#25 Consumer Suggestion
AUTHOR: Steve - Bradenton (U.S.A.)
SUBMITTED: Saturday, June 23, 2007
POSTED: Saturday, June 23, 2007
Alan,
The fact remains that you know nothing. You were flat out wrong and I proved it. period. So there you have it.
I simply corrected you on the SOL which you were dead wrong on. i live in FL and have been sued in FL and used the SOL defense. Therefore, I would bet I know much more than you on this matter.
And who cares if you don't like to be contradicted? You are wrong. End of conversation.
And, if you don't like to be contradicted, don't post bogus information.
