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Bluesie58

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  1. I’m not sure if it matters what was listed on your credit report. To be safe, you might want to contact an attorney to ask about a home equity line of credit SOL. That’s just what I would do for my own peace of mind.
  2. Have you made sure that the debt is time-barred? In my state, the SOL for written contracts is 3 years except for written contracts secured by a mortgage. If a contract is secured by a mortgage, the SOL is 20 years.
  3. You would need to read your state laws. In some states, attorneys are exempt from collection agency licensing laws. Even if a law firm is required to be licensed as a collection agency in your state, the language in the letter could make a difference. A letter merely informing a consumer that an account has been sold or is now being serviced by such and such agency but makes no demand for payment or offer to settle is not considered an attempt to collect a debt.
  4. The OP is in TX, not the 2nd Circuit. Also, the letter states that the creditor is Bank of Marin, not a JDB. Assuming Bank of Marin still owns the account, it would not be liable under the FDCPA. However, the attorney would be liable. In the event debt is, indeed, time-barred, in Daugherty v. Convergent Outsourcing, Inc., the 5th Circuit Court of Appeals ruled: ”While it is not automatically unlawful for a debt collector to seek payment of a time-barred debt, a collection letter violates the FDCPA when its statements could mislead an unsophisticated consumer to believe
  5. The status date has nothing to do with the DOFD. Reporting a “status date” has no effect on when a TL will fall off a credit report. The status date can be reported as 2018, but the TL will still be required to disappear 7.5 years from the 2015 DOFD.
  6. The caller probably resides in and works out of his parents’ basement using a burner phone. It’s doubtful he has either documentation or a business address.
  7. I see what you mean. I can understand how a refi would be a new agreement. My thinking was more along the lines of a charged off credit card and a settlement agreement with a debt buyer like Midland.
  8. The FCRA specifies that accounts charged to profit and loss remain for 7.5 years from the date of first delinquency that led to collection or charge off. 1681c(c) (c)Running of reporting period (1)In general The 7-year period referred to in paragraphs (4) and (6) of subsection (a) shall begin, with respect to any delinquent account that is placed for collection (internally or by referral to a third party, whichever is earlier), charged to profit and loss, or subjected to any similar action, upon the expiration of the 180-day period beginning on the date of the
  9. Well, leaving NC before the 3-year SOL period had passed, tolled the SOL. That means the SOL clock in that state stopped running when you moved. As a result, the limitations period in NC has not passed.
  10. Just a note: While the DOFD determines the credit reporting period, it doesn’t always determine the SOL for collection in individual states. In NC, the SOL can be reset (extended) by making a payment. Although the statute of limitations on contract obligations is three years, a new promise to pay or partial payment of an existing debt may extend the time to collect the debt up to three years from the time of the new promise or partial payment. Andrus v. IQMax, Inc., 190 N.C.App. 426, 428, 660 S.E.2d 107, 109 (2008). NC Statute § 1-26. New promise must be in
  11. It could depend on the nature and specificity of the dispute. If inaccurate information was, in fact, reported, the information must either be corrected or deleted. Information means individual details such as the balance, late payments, date of first delinquency, etc. The account can then be reinserted. For instance, if a furnisher reports an incorrect 30 day late payment, only that incorrect information (detail) is corrected or deleted. Accurate information can remain.
  12. As already pointed out, debt validation as provided for in the FDCPA only applies to debt collectors, not original creditors. In addition, the validation section of the FDCPA specifies that a consumer’s right to request validation is triggered only after an initial communication from a debt collector. The initial communication p is usually the first debt collection letter demanding payment and which should contain the 30-day validation notice. The courts that have addressed the issue of finding a collection tradeline on one’s credit report as an initial communication have ruled t
  13. What exactly did you say in your letter? Did you dispute specific information (such as the balance, last activity, etc.), or was it a generic dispute and request for the information in your file?
  14. In your first post, you stated, “It has been over 30 days and most of the creditors have not responded.” “609 letters” do not apply to those, such as creditors and collection agencies, that furnish information to the credit reporting agencies. Therefore, those companies are not required to respond to the letter.
  15. The OP did not state if the disclaimer is on the front or back of the letter. That is one factor that could make a difference. In Lesher, the court noted that the disclaimer was on the back of the letter. “Nor do we believe that the disclaimers included in the letters, which are printed on the backs...” The court cited the 5th Circuit in Gonzales v. Kay. “There are some letters that, as a matter of law, are not deceptive based on the language and placement of a disclaimer.” If the disclaimer is on the front, here is the most recent 3rd Circuit decision
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