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  1. #1
    Join Date
    May 2010
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    3

    Default Threats from JD Enterprise

    My question involves collection proceedings in the State of: Alabama

    Last week I received a call at work from someone claiming to be in the area to serve me a summons on some old debt. They said I should call the person responsible for the summons. Long story short, it was a company (JD Enterprise) calling about some debt from 2001 on an old credit card. It's so old it no longer appears on my credit report. The managed to get me with the whole threat thing, and I agreed to pay them $200 to stop the suit. I did not know at the time that the statue of limitations had run (3 years in AL). I don't mind paying the debt, but they want a lump settlement I can't pay. They called tonight and were very aggressive in trying to get me to pay. I told them I could pay $300 a month, that's all. They tried to dissect my budget based on a few off-hand comments from me, and tried to come up with all kinds of ways for me to come up with the money. All the while there was the threat of suit. They wanted me to call my parents TONIGHT and get the money. They gave me an hour to call back. My parents borrow money from me, I am certainly not going to ask them for money.

    What do I do from here?

  2. #2
    Join Date
    Sep 2005
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    Default Re: Threats from JD Enterprise

    Have you done anything more than promise at this point? If the debt has expired, they would appear to be trying to restart the statute of limitations based upon your promises and payment.

  3. #3
    Join Date
    May 2010
    Posts
    3

    Default Re: Threats from JD Enterprise

    I paid them the $200. They did a good job ok making me think it was then or someone was on their way to serve me at work. When I agreed to pay that, they talked about accepting monthly payments for a few months, then maybe a lump sum down the road. This doesn't jive with the phone call I received a few days later.

    I wish I had know about the SOL at the time.

    When they called back the second time they kept me own the phone for over 30 minutes and had me talking to 2 people. Between the threats to sue were attempts for me to get $1500 IMMEDIATELY. That seems odd. They said they would see me in court.

    Am I correct in thinking that threating a suit when the SOL had expired is against the law per FDCPA? How do I handle that?

  4. #4
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Threats from JD Enterprise

    Well here's the thing. You now gave them some money... you don't have a SOL arguement anymore because you restarted the clock.

    This post should have come BEFORE you gave them the $200 so we could have told you to tell them to pound sand.

  5. #5
    Join Date
    May 2010
    Posts
    3

    Default Re: Threats from JD Enterprise

    Even if they did so by fraudulent means?

  6. #6
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Threats from JD Enterprise

    Quote Quoting graffspree
    View Post
    Even if they did so by fraudulent means?
    I read nothing that indicated you were defrauded.

  7. #7
    Join Date
    Sep 2005
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    Default Re: Threats from JD Enterprise

    They shouldn't be threatening to sue on an expired debt. If the debt was expired at the time of your payment it looks like the partial payment of itself won't renew the debt unless you have made a signed, unconditional promise in writing to pay the remaining balance.
    Quote Quoting Alabama Code, Sec. 6-2-16. Sufficiency of partial payment or written promise to remove bar.
    No act, promise or acknowledgment is sufficient to remove the bar to an action created by the provisions of this chapter, nor is such evidence of a new and continuing contract, except a partial payment, made upon the contract by the party sought to be charged before the bar is complete or an unconditional promise in writing signed by the party to be charged thereby.
    If you believe they have violated the FDCPA, and it would be a violation to threaten to sue over a debt they know to be expired, I suggest trying to find a lawyer in your state who handles credit abuse claims. You are entitled to tell a collection agency to stop contacting you - that won't stop a lawsuit, but if in fact the debt is expired they shouldn't file.

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