Re: Effect of Considering a Debt Collection Settlement on the Statute of Limitations
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JessicaLevin27
Seriously? If it's past SOL are they not allowed to call anymore?
Well, they can call, but they can't force you to pay the debt as it's not collectable. But they can call once to find out.
All you do is send them a letter delineating that you don't wish to be contacted about this debt again, referencing the FDCA and that for each additional call they place to you will be a $1,000 lawsuit you'll file in court.
If they do this enough, you'll have the money to pay back the debt, though you won't have to as the SOL will have lapsed.
Sending them a "don't call me" letter doesn't reset the SOL. It's merely you telling them that you're aware of your rights and aim to assert them. If they file this on your credit report after you've informed them the SOL has expired, you can sue them for another grand.
Also, if you contact the credit bureau and they don't take it off, you can sue them for a grand.
Read about it here: http://www.creditinfocenter.com/rebu...lidation.shtml
Re: Effect of Considering a Debt Collection Settlement on the Statute of Limitations
Well, Performance Capital Management does not appear to be aware of this rule about not calling after SOL has expired, because they called me today, and when I answered and said SOL was expired, the man said that while it might not be legally collectible anymore, it's still a valid debt and they are allowed to continue calling to request payment. I'll check out the link you posted.
Re: Effect of Considering a Debt Collection Settlement on the Statute of Limitations
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JessicaLevin27
Well, Performance Capital Management does not appear to be aware of this rule about not calling after SOL has expired, because they called me today, and when I answered and said SOL was expired, the man said that while it might not be legally collectible anymore, it's still a valid debt and they are allowed to continue calling to request payment. I'll check out the link you posted.
SOL is an affirmative defense.
It has nothing to do with your situation.
Google.
Re: Effect of Considering a Debt Collection Settlement on the Statute of Limitations
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seniorjudge
SOL is an affirmative defense.
It has nothing to do with your situation.
Google.
I googled "affirmative defense" and in my particular case, I think you mean, if I get sued for a debt that is past the SOL I raise the issue of SOL and that is all the defense I need, it is a solid legal reason for not paying the debt and the plaintiff would lose.
However I am not looking for a defense in court because I do not expect to be sued for a debt that is beyond SOL. The question I raised was whether a debt collector can still call after a debt is beyond the SOL and I haven't read anything here (or linked from here) that says they can't.
I did check out the link provided and it seems to deal more with starting the validation process when a debt collector calls.
I have two things going on:
1) debt that is past SOL - I occasionally get calls but it's not collectible and I am not worried about it (it's going to roll off my credit report in about 15 months, I hope - if it doesn't, I'll deal with it then)
2) debt where the creditor has gotten an arbitration award - I will probably try to negotiate a lump sum settlement, and then claim insolvency with my tax return so I don't have to pay tax on the "forgiven" amount. I have researched this exhaustively and know exactly what is required in this case, and am prepared to do it (as long as I can negotiate a reasonable settlement).
Last week, a debt collector on the amount with an arbitration award sent me a settlement offer - today I sent back a certified letter with return receipt requested saying I disputed all or part of the debt, and requesting verification of the debt. This is not just a maneuver, I actually don't know how a debt that was $34K two years ago can be up to $61K today.
Re: Effect of Considering a Debt Collection Settlement on the Statute of Limitations
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Mercutio100
A couple other points. Under the federal laws I mentioned above, you would actually be due up to $1000 per each violation.
Most federal circuits limit you to one claim for statutory damages per action. (Not per violation.) I'm not sure that all circuits have yet ruled on the issue.
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JessicaLevin27
Seriously? If it's past SOL are they not allowed to call anymore?
You can instruct them not to contact you. Take a look at the sample letter here.
Re: Effect of Considering a Debt Collection Settlement on the Statute of Limitations
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Mr. Knowitall
Most federal circuits limit you to one claim for statutory damages per action. (Not per violation.) I'm not sure that all circuits have yet ruled on the issue.
For clarification, I was referring to the prospect of a finding that violations of the FDCA and FCRA were made in a single action. Thus, you could get $1000 per each violation of the separate Acts as a whole. (Not that you could get $1000 for individual elements of each Act). Separate from these potential awards, you could also potentially collect actual damages and attorneys fees.