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legaleagle2012

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  1. I would stay out of it...... if she isn't smart enough to find out about this, that's her fault. Meddling in the finances of relatives has resulted in some very bad situations, up to and including criminal behavior and divorce. Do you really want to be blamed for a marriage breakup? I write murder mysteries. Enough said.
  2. I would tell Greenpath they have two weeks to fix this, or be sued for breach of contract and maybe something under CROA and unfair / deceptive trade practices.
  3. Charter Communications Legal Department 12405 Powerscourt Dr. St. Louis, MO 63131 They do tend to resist, their lawyer knows his stuff.
  4. Why not try contacting whoever lives in the house, or the contractor who did the work? A letter from either stating it is not your house that had the work done might fix this.
  5. In that case, arb would be his best option. Sprint pays off like a broken ATM machine. Might help if he posted his state of residence and make it clear if this was sold to a JDB or not.
  6. Validation is a low threshold. Name of the creditor and the amount suffices. Expiration of the SOL has nothing to do with reporting; 2 different statutes. Mergers do not change federal law. You need a valid reason to get something removed........ "I don't like this" doesn't cut it. I believe the SOL for phones is 2 years under federal law. If they get aggressive, put them into arbitration.
  7. If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this title may continue during the 30-day period referred to in subsection (a) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumer's right to dispute the debt or request the name and address of the original creditor. Nothing in the above (FDCPA 809) mentions anything about credit reporting. Also, the 3rd Circuit to my knowledge has never ruled that credit reporting constitutes a collection effort. This effectively vitiates any lawsuit you may file...."As you stated in your letter to me, this alleged debt is time barred per Delaware State Statute of Limitation Code of 3 years " Since you did not post the actual letter, it's hard to say if it is a collection effort or not. They are allowed to ask you to pay, but they cannot threaten legal action. Since they told you the SOL is expired, I doubt they would be stupid enough to threaten you with legal action.
  8. § 810. Multiple debts If any consumer owes multiple debts and makes any single payment to any debt collector with respect to such debts, such debt collector may not apply such payment to any debt which is disputed by the consumer and, where applicable, shall apply such payment in accordance with the consumer's directions.
  9. TENNESSEE Tennessee Code > Title 28 > Chapter 1 > § 28-1-112 - Application of foreign statutes Where the statute of limitations of another state or government has created a bar to an action upon a cause accruing therein, while the party to be charged was a resident in such state or such government, the bar is equally effectual in this state.
  10. If worse comes to worse, you could offer to pay for an owner's title insurance policy for them. That way if the issue comes up they have insurance.
  11. That is exactly why I said successfully sue. It would be incumbent on the members here to do some of their own basic research and learn how to defend themselves. If they can't even find out what SOL is about they should go hire a lawyer.
  12. If these are credit cards, both are beyond the SOL for being sued. You can poke all you want, they cannot successfully sue. What is your goal here? You just want them removed because they hurt your score? That's why they report. Removal usually only occurs if you can prove the debt is not yours, or they agree to a deletion for payment. Otherwise, a dispute must provide evidence that they are reporting incorrectly. Even then, they have the option of correcting the entry.
  13. So far only the 6th and 8th circuits have characterized reporting as a collection effort, and not too strongly at that. It is not an FDCPA violation in the 9th. The FTC has no jurisdiction over debt collectors, the BBB has no jurisdiction over anybody.
  14. PRA is a corporation, they have to be represented by counsel in all venues I have seen. I don't think they have in house counsel for court cases. They cannot escape violations of the law (or consent decree) by hiring somebody to do it for them. Nothing in law is a slam dunk, these guys will put up some token resistance, but if you have a solid case, good legal skills, and can draft a complaint properly, they will fold.

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