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Vanity: Debt Collection Fraud? ANFI Collections
9/27/07 | me

Posted on 09/27/2007 1:17:56 PM PDT by AFreeBird

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To: BearCub
If a debt collector contacts you regarding an old debt, do not admit that you owe the debt and do not agree to make any payments. Simply tell them that the "statute of limitations has run on this debt and do not contact me again". If they continue contacting you, send them a certified letter, return receipt requested, telling them not to contact you about the debt again. Remember -- DO NOT ADMIT THAT YOU OWE THE DEBT, DO NOT AGREE TO PAY THE DEBT, AND DO NOT AGREE TO SEND ANY MONEY TO THEM. If you do, then the statute of limitations might start running all over again, giving them the legal right to sue you.

May depend on the state. This is the law in California.

State Statutes of Limitation on Debt Collection

61 posted on 09/27/2007 8:12:43 PM PDT by Philistone (Your existence as a non-believer offends the Prophet(MPBUH).)
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To: okiejag

*


62 posted on 09/28/2007 12:52:51 AM PDT by okiejag
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To: rb22982
Paying an out of date bill does indeed reset the statute of limitations in many states and does allow it to update your credit report with more lates up to the current payment.

Wasn't talking about Statute of Limitations, was talking about 7-1/2 year reporting period.

Paying a delinquent bill with a payment that doesn't bring the account current has no effect on the reporting period. There is no such thing as "more lates" if the account is delinquent. As an example:

You miss your January payment, then
you miss your February payment, then
you miss your March payment, then
you make a payment that doesn't bring the account current

How long can any adverse information regarding the account be reported? 7-1/2 years from January.

63 posted on 09/28/2007 7:27:07 AM PDT by BearCub
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To: Philistone
May depend on the state. This is the law in California.

You replied to me but quoted someone else. In any case, your link deals with state statutes of limitation. Don't confuse those with the permissible reporting period under the FCRA, which is 7-1/2 years from the commencement of the delinquency.

Statutes of limitation dictate how long a creditor has to sue you for the debt. They have nothing to do with credit reoprting.

64 posted on 09/28/2007 7:29:54 AM PDT by BearCub
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To: BearCub

Sorry, the initial post had to do with a call out of the blue from some debt collection agency for a debt that was 20 years old. These companies try to get you to acknowledge the debt TODAY, which starts the clock ticking again. It’s a bit of slight of hand in which you acknowledge NOT the debt from 20 years ago, but a current debt to the debt collection agency today.

These agencies don’t have a leg to stand on unless you formally acknowledge that you owe them the money.


65 posted on 09/28/2007 7:41:22 AM PDT by Philistone (Your existence as a non-believer offends the Prophet(MPBUH).)
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To: Philistone
Sorry, the initial post had to do with a call out of the blue from some debt collection agency for a debt that was 20 years old. These companies try to get you to acknowledge the debt TODAY, which starts the clock ticking again.

Acknowledging the debt can, in some states only, restart the limitations period. That is, the period during which you can be sued. A mere verbal acknowledgment is insufficient in most states.

Acknowledging the debt can NEVER restart the 7-1/2 year credit reporting period.

Even in states where acknowledging the debt restarts the limitations period, it does not create a new debt. It the the same 20 year old debt.

66 posted on 09/28/2007 7:55:03 AM PDT by BearCub
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To: BearCub

I still think that depends on how devious they are and how gullible you are. If you send them an IOU for $100 which doesn’t reference the original debt (the slight of hand I talked about earlier) then you are indeed responsible for that IOU.


67 posted on 09/28/2007 8:18:00 AM PDT by Philistone (Your existence as a non-believer offends the Prophet(MPBUH).)
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To: Philistone
If you send them an IOU for $100 which doesn’t reference the original debt (the slight of hand I talked about earlier) then you are indeed responsible for that IOU.

Nope. Contracts require consideration to be valid.

If I send you or anyone else an IOU out the the blue, there is nothing you can do to collect it.

68 posted on 09/28/2007 8:34:08 AM PDT by BearCub
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Comment #69 Removed by Moderator

To: BearCub

Dont’ you have to hire an attorney to sue?


70 posted on 09/28/2007 9:32:31 AM PDT by gopheraj
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To: gopheraj
Dont’ you have to hire an attorney to sue?

Nope. That's the beauty of it.

Individuals are always free to represent themselves in any court. Corporations must always have an attorney.

71 posted on 09/28/2007 9:37:16 AM PDT by BearCub
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To: BearCub
Corporations must always have an attorney.

Side note for accuracy's sake: There is an exception. In evictions a property manager can usually represent the management company. But in other cases, they have to hire a lawyer.

72 posted on 09/28/2007 9:38:52 AM PDT by BearCub
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