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Law Pro
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Category: Legal
Satisfied Customers: 24775
Experience:  20 years legal practitioner: real estate, collections, estate, civil, business, and criminal law
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I AM BEING SUED BY A CREDIT CARD CO. IT ISNT THE ACTUAL COMPANY,

Customer Question

I AM BEING SUED BY A CREDIT CARD CO. IT ISN'T THE ACTUAL COMPANY, IT IS SOMEONE ELSE WHO HAS PURCHASED IT.
I AM A 76 YEAR OLD WIDOW, ON S S. AND I CAN NOT AFORD TO PAY IT.
Submitted: 3 years ago.
Category: Legal
Expert:  Law Pro replied 3 years ago.
That happens all the time - that a 3rd party buys or gets a percentage of whatever is recovered as to the alleged debt.

What are they saying?

When was the last time you paid on the alleged debt?

How much do they say you owe?

Did you in fact agree to use the credit card?

Do you have a copy of the contract?
Customer: replied 3 years ago.

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.

Expert:  Law Pro replied 3 years ago.
They may be beyond the statute of limitations to collect on the alleged debt - don't pay anything or consent or accept your liable for the debt.

A statute of limitations is a law which places a time limit on pursuing a legal remedy in relation to wrongful conduct. After the expiration of the statutory period, unless a legal exception applies, the injured person loses the right to file a lawsuit seeking money damages or other relief.

Please note that it may be possible to bring multiple causes of action from a single incident of wrongful conduct, and thus even if it appears that the relevant statute of limitations has run it may remain possible to bring a different claim. Also, there may be an exception to the standard limitations period that applies to any given situation.

The following periods represent a small sample of the statutory limitations periods in Colorado:

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.



As you can see - the statute of limitations for breach of contract (not paying a credit card) is 3 years. The statute of limitations starts to run when you should have made a payment but didn't.

Moreover, if you now would make a payment - then the statute of limitations starts to run again.

So, don't agree or consent to anything - inform them that you want a copy of all your statements from the credit card company.

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:

 

 

Date

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:

  • What the money you say I owe is for;
  • Explain and show me how you calculated what you say I owe;
  • Provide me with copies of any papers that show I agreed to pay what you say I owe;
  • Provide a verification or copy of any judgment if applicable;
  • Identify the original creditor;
  • Prove the Statute of Limitations has not expired on this account;
  • Show me that you are licensed to collect in my state; and
  • Provide me with your license numbers and Registered Agent.

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:

  • Violation of the Fair Credit Reporting Act
  • Violation of the Fair Debt Collection Practices Act
  • Defamation of Character

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.

Best Regards,

Your Signature
Your Name

Customer: replied 3 years ago.

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.

Expert:  Law Pro replied 3 years ago.
Yes. In Missouri - the statute of limitations is 5 years as to breach of contracts.

If you don't own a house or anything else of value and your income is solely social security - then your judgment proof!

Judgment proof is - that although they have a judgment against you ALL your assets are exempt from garnishment or attachment.

If you don't own anything of value - say over $5k - then don't worry about this because there is nothing they can get from you regardless if they win and get a judgment against you.

The term judgment proof is most commonly used to refer to defendants or potential defendants who are financially insolvent or that the little bit of assets they have are exempt from judgment creditors attaching such.
Customer: replied 3 years ago.

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."

Expert:  Law Pro replied 3 years ago.
Yes, they can foreclose on the property if there is enough "equity" in it over and above the loan/mortgage balance.

For example - if the house is worth $100k and the loan balance only $40k - then there is $60k of equity and they can initiate foreclosure or a sheriff sale of the property to get their monies.

What happens is - that they have filed suit. If they win they get an award from the court of some amount. Then they reduce that award to a judgment and then start going after your assets to pay off that judgment.

If you don't have much equity in the house and are only on social security - I would seriously consider talking to a local attorney about filing a chapter 7 bankruptcy to discharge this credit card debt and any other debts you might have.

That might be the easiest, fastest, and cheapest way to resolve this entire issue.
Law Pro, Attorney
Category: Legal
Satisfied Customers: 24775
Experience: 20 years legal practitioner: real estate, collections, estate, civil, business, and criminal law
Law Pro and 10 other Legal Specialists are ready to help you
Customer: replied 3 years ago.

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.

Customer: replied 3 years ago.

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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