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  1. #1

    Default Junk Debt Collector Poses As Cash Call to Collect

    My question involves collection proceedings in the State of: California

    I recently had my court hearing on an old debt that was sold 5 times from Cash Call. In my response I raised that the debt is time - barred ( SOL was March of 2010); laches; SOL; unclean hands; unjust enrichment and that the plaintiff was not the original creditor. I was still NOT provided a copy of the contract that has the alleged debt but, one was given to the judge by the Plaintiff. I advise the judge I was denied a copy. I was sure to raise the defense of time-barred and when asked if I could verify the amount alleged I told the judge that I could not verify the debt because I do not have a copy of the contract and the debt is so old I have no recollection. When I cross examined the Plaintiff he admitted that he bought the debt and the last payment was in March of 2006. According to the defense I waived the SOL under to Cal. code of Civ 360.5. The judge advised counsel that she could NOT make a ruling as she needed to research this and how it applies to the law in CA. I am trying to understand that code, I looked everywhere and I can't seem to understand. I have NOT reset the clock on this debt in any way, I have NOT renewed this contract. I am awaiting her judgement in the mail.

  2. #2
    Join Date
    Sep 2005
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    Default Re: Junk Debt Collector Poses As Cash Call to Collect

    What does the subject of your thread have to do with your question?

    What part of Sec. 360 do you need explained?

  3. #3
    Join Date
    Sep 2010
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    19,901

    Default Re: Junk Debt Collector Poses As Cash Call to Collect

    Well I'm missing something, Bullwinkle. All 360.5 says the waivers must be signed and not obtained under fraudulent purposes. Are they asserting that they have a signed written waiver somewhere? Where is it?

    Your shotgun goofball defense is a real issue.

  4. #4

    Default Re: Junk Debt Collector Poses As Cash Call to Collect

    Thanks...There is NO signed waiver. I'm thinking the Plaintiff was trying to pull one over me thinking I did not know the SOL had expired.

  5. #5
    Join Date
    Feb 2012
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    2

    Default Re: Junk Debt Collector Poses As Cash Call to Collect

    So what happened to your case? Can we possibly get an update?

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