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legaleagle2012

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Everything posted by legaleagle2012

  1. Revised Code of Washington 4.16.040 sets an SOL of 6 years for written contracts. Credit cards all have written contracts. Years ago there was some confusion about open accounts, but since then the courts have been applying the 6 year SOL. Virtually every WA lawyer on line says 6 years as well.
  2. CEOs do not make their email addresses public for obvious reasons. Send it to the address on the credit card statements. CR1 isn't the most cooperative outfit, don't expect any good will from them.
  3. LVNV is part of the Sherman Group, which owns Credit One Bank. Synchrony has arbitration, and yes, it will cost LVNV a lot more than they could recover. Considering they paid maybe $30 for the account, they will not pay the $4800 in startup fees for arbitration. File BEFORE they sue you and avoid the hassle of court.
  4. FCRA statutory damages are $100 up to $1000.
  5. You aren't going to get this stuff removed just because you want a good credit score, it doesn't work that way. There are very few reasons that result in removal; you would have to literally prove the debt is not yours. BK isn't the worst thing that can happen, you should consider it. Do you really think having a lender see that on your report would be any worse than having them see a string of chargeoffs and judgments? If you let all these entities sue you, which is highly likely, that 28K will increase by another ten K due to legal fees and court costs. That will also impact your ability to get a job. No prospective employer wants to be bothered processing garnishments.
  6. Did you fight the garnishment? If not the court could view that as admitting the debt was yours. Moot point, that ship sailed long ago.
  7. I don't think so, I seem to remember that if an employee's paycheck is generated in another state it can be garnished in that state and the money sent to the creditor. Read your statutes concerning garnishment, it should be explained therein. A situation as you suggest would leave a creditor with no recourse whatsoever to collect a debt. That is not the intent of the legislature.
  8. Also, mail fraud is more likely to be used against someone who defrauded a federally insured institution. Mortgage brokers were popular targets during the sub prime crisis.
  9. Generally speaking, that's all the FDCPA requires informationwise. It does require the mini miranda, but that's pretty much standard with all collection letters.
  10. Mail fraud is a real stretch, and you have to prove you actually have a monetary loss in federal court. If you don't pay them anything after they send the letter, you don't have one. If you can prove that the garnishment is equal to the total amount owed, it sounds like a fairly decent FDCPA violation, mischaracterizing the amount of a debt. You can get up to 1K plus atty fees if you win. They will probably claim bona fide error; you know, a paperwork mistake. You won't get a refund, the statute does not provide for that. Besides, you admitted to the debt and paid it. There is no basis for a refund. See a consumer atty.
  11. As long as you are making payments, the SOL is tolled. It will not expire like it would if you hadn't made any further payments after default. I agree with the others, 1200 over 7 years is a waste of money. It won't even cover the interest. Even at the nominal judicial rate in the 8-10% range, the interest on 33K is going to be about 3K per year, and you're only going to pay less than 200? Makes no sense. That 33K figure will more than double in 7 years.
  12. All I know is that a board member from a different board is a consumer atty in TN. He confirmed that the SOL for credit cards is 6 years.
  13. Most debts require a court judgment for collection to occur through garnishment etc. Some student loans do not, (government backed) and I assume certain other government debts may not either, like IRS debt. Can they discuss a debt with a spouse? Yes, the FDCPA says they can. As for resetting the SOL, that could be arguable. If you live in a community property state or the debt falls under the doctrine of necessaries, it probably would. Otherwise, it depends on what the contract for the debt says. Don't ever pay anybody a nickel until you have proof the debt is legitimate.
  14. 28 3 109 TN SOL is 6 years for contracts. Credit cards are considered to be issued under contract. I have never heard of anyone successfully using a 3 year SOL in TN.
  15. Each state is different. Look up your UCC, which by the way, does not always cover credit cards. Usually you find the definition of open account in the statute of limitations. I believe TILA makes reference to open accounts, but it does not define them. § 226.12 Special credit card provisions. This has some info, but you didn't say what your issue is.
  16. I doubt there is any way to make them do that without exerting leverage. The threat of federal court works very well with these people; they do not want a judge forcing them into an expensive arbitration, which is why they refused in the first place. They also know that if they don't show up in federal court, they are subject to a civil penalty of any amount the judge decides.
  17. What you need is a simple cease and desist letter (Certified mail) to preserve your rights under the FDCPA. One sentence will do. Something like "Pursuant to the FDCPA, I am informing you that you are not to contact me again in any manner by any means at any time at any location." NEVER tip your hand to these people and let them know what you know. Let them do what they do best; violate the law. Then you sue them.
  18. One problem you may have other than no case is that quite a few states do NOT allow settlement information to be introduced into evidence. Federal does not (see Rule 408) so you'd be looking at a 12B dismissal and you'd likely be taxed costs for not knowing what you're doing. The FDCPA doesn't look like a good idea anyway because they did not misrepresent the nature, character, or amount of the debt. At worst, they lied about receiving paperwork in a settlement negotiation.
  19. I wrote up the petition and sent them a copy with an ITS letter. Samples are on line. If you actually get to the point where you file, it is not an easy process because it is federal court. They don't seem to let it go that far.
  20. It would be a breach of contract suit, but as you were advised, read the contract to make sure you have any basis for a suit. On the other hand, these contracts are written by the carrier and are designed to protect them, and judges know that. I can see somebody being a day or two late due to weather, etc., but three weeks does sound out of line. There is a concept in law called contra preferentem, (check that spelling) where it states that a contract can be construed against the drafter if it contains unreasonable terms.
  21. You can torment them, is what you can do. Since they refuse to arbitrate under a valid clause, you can threaten them with a petition to compel arbitration in federal court, where they will have to explain to a federal judge why they refuse to honor their own contract. Believe me, they do NOT want to be in that position. I have done that to them twice; each time they wrote me a check to go away and cancelled the debt.
  22. The statute clearly allows you to us Delaware's SOL. There would be no point in having a borrowing statute that did not function properly. That Alabama mess was a class action suit that has no relation to a credit card suit. Chase's agreement clearly states that the laws of Delaware apply. Let them explain to a judge why they don't when YOU benefit from the clause.
  23. You are probably way off. Utilizing or claiming the SOL of the lender's state requires what they call a borrowing statute in YOUR state, a specific law that provides for this. Absent that, your home state SOL usually applies. Where both states have a the same SOL, I.E. NH and NC, there would be nothing to be gained by a borrowing statute. Your post is so confusing I can't even figure out where you live or who or where the creditor is located.
  24. Most likely PRA acquired the account in 2016. That is not re-aging since it does not change the DOFD. Everybody on here wants all their baddies removed because they don't like the impact it has on their score. If you read the FCRA, there is no valid reason titled "it hurts my score so remove it." You should be concentrating on showing the lender that this is SOL and you cannot be successfully sued for it, hence there won't be any garnishment impacting your ability to pay back the loan.

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