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I had a truck that was charged off debt it is my

I had a truck...

I had a truck that was charged off debt it is my understanding that any lender who purchases a charge off debt has no right to it, so here i am needing the title to my car they are holding on to it.

Lawyer's Assistant: What state is this in? And how old is the car?

Indiana, 12 years old

Lawyer's Assistant: Has anything been filed or reported?

On the truck no, prior to that I filed bankruptcy 13 and 7 initially i was paying through 13 up until my original truck loan decided i had satisfied the debt, they sold it to PRA Receivables and now they are holding my title until i give them $2k which isn't right since again they purchased a debt not due

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Answered in 1 day by:
3/14/2018
Wendy
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Customer reply replied 5 months ago
I do
Customer reply replied 5 months ago
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Attorney2
Attorney2, Attorney
Category: Legal
Satisfied Customers: 9,027
Experience: 30 Years In General Practice,
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Welcome to JA and thank you for question. Do you have any documentation showing you satisfied the debt? Have you reported this to any of the State and Federal consumer protection agencies?
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This is the law on these matters.

"COLLECTION OF OLD DEBTS

A new practice has arisen in the debt collection industry. Old, charged off debt is packaged and sold to other financial entities for as little as a penny or less for a dollar of old debt. These debts are old and often barred by the statute of limitations which limits the period of time during which a lawsuit may be filed to collect the debt. Thus, a time-barred debt is one which can no longer be collected by legal means due to the passage of time, e.g. -- lawsuits, wage garnishment, liens on real estate, etc. The statute of limitations does not extinguish the debt; it merely limits the judicial remedies available.

These buyers of old debts are "debt collectors" covered by the Fair Debt Collection Practices Act.

The federal law, the Fair Debt Collection Practices Act ("FDCPA"), protects consumers from abusive or harassing, false, or misleading, and/or unfair practices of third party debt collectors or attorneys attempting to collect debts incurred for personal, family, or household purposes. Business or agricultural debts are not covered by the FDCPA.

The FDCPA does not apply to creditors when they obtained the debt before default. However, the buyers of old debt obtained the obligation after it had fallen into default; therefore, they are debt collectors covered by the FDCPA.

Sometimes the collectors of old debt offer a new credit card if the consumer will transfer part or all of the old debt to the credit card; other times they simply request payment.

These collectors of old debt often fail to inform the consumer that if he or she transfers part or all of the balance of the old debt to the new credit card, acknowledges the old debt, or makes payment toward the old debt, that debt is renewed and the owner of that debt may once again sue and use other legal remedies to collect the debt.

The collector of old debt may use this technique to trick the consumer into renewing the old debt. This may be an illegal collection practice in violation of the FDCPA.

Courts have held that a lawsuit filed to collect a time-barred debt violates the FDCPA. However, the collector in the above example does not sue, it merely sends a letter asking the consumer to transfer the balance of his or her old debt to a new credit card.

The deceptive and misleading aspect of this practice is the failure of the collector to inform the consumer that if he or she transfers part or all of the balance of the old debt to the new credit card, acknowledges the old debt, or makes payment toward the old debt; that debt is renewed and the consumer may once again be sued (and use other legal remedies employed) to collect that old debt.

A debtor continues to owe a debt even after a collection action is time-barred. Consequently, a debt collector may, without violating the FDCPA, ask the consumer to pay, as long as the debt collector neither threatens a collection action or commences one." https://www.in.gov/dfi/2537.htm

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You will report this deceptive practice to the Indiana Attorney General at https://faqs.in.gov/hc/en-us/articles/115005058047-When-should-I-file-a-consumer-complaint- and the FTC at https://www.ftccomplaintassistant.gov/?utm_source=takeaction#crnt&panel1-1

If you can tell me where in Kentucky you are located I can provide a link for local Attorneys that provide FREE consultations in your area to assist you.

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Customer reply replied 5 months ago
I am in Indianapolis Indiana

Thank you. You can file the complaints online tonight. One moment please.

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This is a link for Pro Bono Attorneys https://www.indianalegalservices.org/topics/158

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You may not be familiar with how the site works. The Attorneys to not receive credit from the site for their time or with customers unless the customer provides a positive rating. We answer your questions in good faith, hoping for a good faith response regardless of whether the law is in your favor or not. If you were unhappy with my service please let me know that you would prefer to work with another Attorney and I will opt out.

Can you see the rating scale on your end, 5 stars?

Thank you for your consideration.

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Do you have any additional questions for me?

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Customer reply replied 5 months ago
I don't think I have documents but I'll look I guess I am more wanting to know what I need to do to have the lender who purchased the bad charge off which is PRA Receivables to release my title to me. I paid a little thru my chapter 13 before I completely filed the seven
You can file the complaints to ask that the title be released and/or contact a local Attorney to prepare a release.
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Customer reply replied 5 months ago
Ok do i file the complaints to the links you had provided

Yes.

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Customer reply replied 5 months ago
Thank you

You are most welcome. Are you able to see the rating scale at the top of the page on your end. 5 stars? Thank you for your consideration.

Attorney2
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