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legaleagle2012

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  1. legaleagle2012

    I debt validated a collection, they responded?

    They bought all the assets and liabilities of the original corporation. The name change is meaningless..........if you changed your name, would this debt go away? Nope. Works both ways.
  2. legaleagle2012

    Interest Rates on CC how it works?

    All this should be explained in the contract for the card. If you don't have a copy, go to the CFPB and download one.
  3. legaleagle2012

    I debt validated a collection, they responded?

    If they provided her with the name of the original creditor and the amount sought, they satisfied the FDCPA. However, by stating two different amounts, they also violated it. SHE should see a good consumer attorney. You can help her to some extent, but as a non-lawyer that is very limited.
  4. legaleagle2012

    Jefferson Capital Systems/Verizon

    Read my pinned topic on arbitration, it explains everything. Then read the Verizon agreement and follow the instructions.
  5. legaleagle2012

    Collection Agency Fee

    You are referring to the FDCPA, which in most cases does not apply to government agencies. You don't HAVE an agreement with them; they are not a lender to whom you applied for credit.
  6. legaleagle2012

    Jefferson Capital Systems/Verizon

    That doesn't mean they won't try to collect. I would file for arbitration per the Verizon agreement; it's a rather interesting arb clause. The initial fees for them if it specifies AAA are $4200.00, they'll never pay it. Then you can take them to federal court with a petition to compel arbitration under USC 9, the Federal Arbitration Act. At that point they usually pay you to leave them alone rather than have to explain to a judge why they refuse to honor their own contract.
  7. legaleagle2012

    Wage garnishment question

    Small claims? If it's that old it's beyond any SOL for debt of anything else you can think of. Did you get the file from the court yet as we suggested? If she wan't properly served, the whole thing goes away and cannot be refiled. The rest of this stuff becomes moot.
  8. legaleagle2012

    Transworld ignored my letter to stop calling

    There may be state laws that apply to your situation. Take a look.
  9. legaleagle2012

    Debt validation letter

    I suppose we could sit here all day and guess where you live.......why not just post it? Hunter Warfield operates out of Tampa, so if you are in FL they are required to be licensed and probably are.
  10. legaleagle2012

    I'm Saving This- PRA

    DOFD is date of first default. That starts the SOL as well as the reporting period. It is illegal to change it. Open date is when the current owner of the account decided to start reporting. They cannot report past the 7 year mark. If you haven't made any payments since 2006, this should have fallen off around 2013. Why is it still on your report?
  11. legaleagle2012

    I'm Saving This- PRA

    They can't change the DODF. I would sue them for an impermissible purpose; if they admit they can't sue, how do they intend to collect anything from you? The FCRA states " or review or collection of an account of, the consumer;" Since court is off the table, they cannot collect anything, so there is no need to review the account.
  12. legaleagle2012

    Wage garnishment question

    Go to the courthouse and get the file. See what they claim for service. Check your state laws per the SOL. Nine years is a long time. If it is beyond the SOL and they try to sue again, you have a perfect defense and you can sue their lawyer for an FDCPA violation.
  13. legaleagle2012

    Portfolio recover... I have my paper EX CR in hand

    You could try a longshot argument that since they never pursued the debt in court and now cannot, they never gave you the opportunity to make them prove they actually own it; therefore, it should be removed. Or, if the OC contract provides for it, take PRA to arbitration. They won't go, of course, but that gives you leverage for all sorts of nasty things you can do to them. They'll get tired of that and will probably do what you want.
  14. legaleagle2012

    Portfolio recover... I have my paper EX CR in hand

    Maybe PRA grew a brain and realized Ohio has a borrowing statute. If the creditor is in a 3 year SOL state, it's time barred in Ohio. (B) No civil action that is based upon a cause of action that accrued in any other state, territory, district, or foreign jurisdiction may be commenced and maintained in this state if the period of limitation that applies to that action under the laws of that other state, territory, district, or foreign jurisdiction has expired or the period of limitation that applies to that action under the laws of this state has expired. A2012 Ohio 5653 SANDRA J. TAYLOR JARVIS, Appellant, v. FIRST RESOLUTION INVESTMENT CORP., et al., Appellees.
  15. legaleagle2012

    How to remove collections. Please help

    Pay the CA, they were hired to collect for the state. As for arbitration, pull up a copy of each consumer service agreement and follow the instructions in the arb section. It will either be AAA or JAMS. Both have sites that are very easy to use, just go there and start a case for each. Check the contracts, some of them say they will pay your fee. PRA will NOT arbitrate 98% of the time, it makes no financial sense. Once they refuse, you can sue them for an FDCPA violation, perhaps state laws, breach of contract, and unfair trade practices depending on your state laws. You can also petition them in federal court and let them explain to a judge why they refuse to follow federal law. You start doing that to them and they will get out the checkbook and pay you to go away. Sprint folds like a cheap umbrella if you have something legit. Take my word for it. Comcast, I have no idea since I never had them.

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