This started when I lost a house in Colo. because the intrest rate went out of site.I could no longer rent the house nor make the payments, and it was repossesed. So I lost all my extra income and could no longer pay my credit cards. I wrote and explained everything to them. This was in Dec-Jan 2008-2009 that was the last time I made a payment. They say I owe $17,884.25. a lot of which in intrest.
I do not have a copy of the contract that I know of.
I had the credit card for a long time. But things happened and I lost my good credit rating.
Professional Malpractice: Medical malpractice, 2 years from the date the injury was or should have been discovered. However no medical malpractice claim may be filed more than three years after the act giving rise to the injury occurred. Veterinary malpractice, 2 years.
Personal Injury: Under Colorado law the general limitations period for personal injury is 2 years. The limitations period for injuries resulting from a motor vehicle accident is three years.
Fraud: 3 years. 1 year for actions involving the real estate recovery fund.
Libel / Slander / Defamation: 1 year.
Injury to Personal Property: 3 years for property damage resulting from the use of a motor vehicle.
Product Liability: 2 years.
Contracts: Written, 3 years; Oral, 2 years. A two year statute of limitations applies to tort actions arising from breach of contract.
Under the Federal Debt Collection Practices Act, you are allowed to challenge the validity of a debt that a collection agency states you owe to them. Use this letter and the following form to make the agency verify that the debt is actually yours and owed by you. Keep a copy for your files and send the letter registered mail.
Here's the sample letter that you should send them:
Your Name Your Address City, State Zip
Collection Agency Collection Agency Address City, State Zip
Re: Acct # XXXXX
To Whom It May Concern:
I am sending this letter to you in response to a notice I received from you on (date of letter). Be advised, this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.
This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully XXXXX XXXXX your office provide me with competent evidence that I have any legal obligation to pay you.
Please provide me with the following:
If your offices have reported invalidated information to any of the three major Credit Bureau’s (Equifax, Experian or TransUnion), said action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:
If your offices are able to provide the proper documentation as requested, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.
Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel. This includes any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.
If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.
I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls or correspondence sent to any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter.
This is an attempt to correct your records, any information obtained shall be used for that purpose.
Your Signature Your Name
THE HOUSE I OWNED WAS IN COLORADO, BUT I LIVE IN MISSOURI. IS THERE A DIFFERENCE FOR THE DIFFERENT STATES?
ALSO, THIS IS AN UNSECURED DEBT. WHAT CAN THE COURT DO ABOUT IT?
THERE IS NO WAY I CAN PAY IT. AS I HAVE NO OTHER INCOME.
I do have a house,in Missouri,that I live in, that will go to my son when I pass. But I am still paying on it. And it won't be paid off for some time.
Can they take the house? Or get a Judgment? I am not sure what that means, to "
get a Judgment."
I have a fair amount of equity in my place, it is a small farm that I intended to pass to my kids.
The Lawyer wants $1800 to file bankruptcy, which I do not have. Even if I file, can they still sell my place to cover this debt? I have considered putting the place in one of my sons names, so they couldn't sell it. Not sure how that would work. (What would happen if I did?)
Also, my understanding on credit card companys. After they have written off a debt, they can sell it to a collection agency, but that agency cannot sell it to another.
It looks to me like it was sold to Main street Acquisitons. Now I am being sued by
Dehle Financial LLC. I have never heard of these people.
I do not like the idea of not paying what I owe, and at the time I made the debt, I had the means to make the payments, but that is no longer the case.
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