Results 1 to 10 of 38

Hybrid View

  1. #1
    Join Date
    Dec 2008
    Location
    Calif
    Posts
    289

    Default Re: Statute of Limitations and Jdb Sues Without Providing Debt Validation

    jk, the letter on the page you site is from December 22, 1993...way out of date. Do you have anything current?

    - - - Updated - - -

    Flyingron: Under the FDCPA, a debt collector is someone who regularly collects debts owed to others. This includes collection agencies, lawyers who collect debts on a regular basis, and companies that buy delinquent debts and then try to collect them.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Statute of Limitations and Jdb Sues Without Providing Debt Validation

    All of which is irrelevant to the issue under discussion.

  3. #3
    Join Date
    Dec 2008
    Location
    Calif
    Posts
    289

    Default Re: Statute of Limitations and Jdb Sues Without Providing Debt Validation

    (b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Statute of Limitations and Jdb Sues Without Providing Debt Validation

    Quote Quoting johnb123
    View Post
    jk, the letter on the page you site is from December 22, 1993...way out of date. Do you have anything current?
    .
    everything in law is current until superseded by something more recent. Since that is what is currently posted on the FTC site without notice of anything more current, it is current.

    - - - Updated - - -

    Quote Quoting johnb123
    View Post
    (b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

    and?

    nothing in that prevents the creditor from suing without further direct contact.

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Statute of Limitations and Jdb Sues Without Providing Debt Validation

    "... And so what you're looking at is an orange."

    "But I found out all this interesting stuff about apples."


    "We're talking about oranges."

    "What about this article about Johnny Appleseed?"

    "Not relevant to oranges."

    "Did you know that apple seeds contain cyanide?"


    "Not relevant to oranges."

    "I found a neat recipe for apple pie!"

    "Oranges - we're talking about oranges!"

    "Oooooh, check out this picture I found of an apple tree covered with blossoms...."

  6. #6
    Join Date
    Dec 2008
    Location
    Calif
    Posts
    289

    Default Re: Statute of Limitations and Jdb Sues Without Providing Debt Validation

    If after a validation request under the FDCPA, the creditor refuses to cooperate, then the creditor may not legally collect the debt.....ok, lets say you got the judgement....now what? You cannot legally collect the debt. What good is your judgement?.................If the debt cannot be validated, you can write a letter stating that you know the law and the agency is in violation of it and that all collection attempts must stop or you will report it to the FTC and your state attorney general. Contact all the credit bureaus and demand that this debt be wiped off your credit report or you will report them also.

  7. #7
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Statute of Limitations and Jdb Sues Without Providing Debt Validation

    Quote Quoting johnb123
    View Post
    If after a validation request under the FDCPA, the creditor refuses to cooperate, then the creditor may not legally collect the debt.....ok, lets say you got the judgement....now what? You cannot legally collect the debt. What good is your judgement?.................If the debt cannot be validated, you can write a letter stating that you know the law and the agency is in violation of it and that all collection attempts must stop or you will report it to the FTC and your state attorney general. Contact all the credit bureaus and demand that this debt be wiped off your credit report or you will report them also.

    You are making a mistake. Collecting on the awarded judgment is NOT collecting on the underlying debt. It is collecting on the judgment which is a new debt granted on the basis of the original debt. That is one reason a debt and a judgment resulting from the debt are listed as separate trade lines on your credit report.

    Are you really not understanding this or are you simply being argumentative or trolling?

  8. #8
    Join Date
    Dec 2008
    Location
    Calif
    Posts
    289

    Default Re: Statute of Limitations and Jdb Sues Without Providing Debt Validation

    Are you playing a word game. I guess if it's a NEW debt, then the debtor doesn't owe you anything. You're not the one who granted anyone credit. By the way, the judgement IS to collect the debt YOU bought from the original creditor.

  9. #9
    Join Date
    Dec 2008
    Location
    Calif
    Posts
    289

    Default Re: Statute of Limitations and Jdb Sues Without Providing Debt Validation

    [QUOTE=jk;675512]You are making a mistake. Collecting on the awarded judgment is NOT collecting on the underlying debt. It is collecting on the judgment which is a new debt granted on the basis of the original debt. That is one reason a debt and a judgment resulting from the debt are listed as separate trade lines on your credit report.

    What good is your judgement if you LEGALLY cannot enforce it?

    1. Sponsored Links
       

Similar Threads

  1. Collection Lawsuits: How Would a Junk Debt Buyer Prove its Acquisition of a Debt
    By StressedInMichigan in forum Debts and Collections
    Replies: 9
    Last Post: 10-16-2012, 07:50 AM
  2. Collection Lawsuits: What Should You Do if Sued by a Junk Debt Buyer
    By SituationalAwareness in forum Debts and Collections
    Replies: 4
    Last Post: 05-03-2011, 09:04 AM
  3. Debt Collectors: Credit Card Debt Bought by Junk Buyer
    By db262 in forum Debts and Collections
    Replies: 1
    Last Post: 08-22-2010, 07:35 PM
  4. Repossession: Junk-Debt Buyer Bought the Loan
    By Kutan in forum Cars and Dealerships
    Replies: 4
    Last Post: 07-04-2009, 04:23 PM
  5. Repossession: Junk Debt Buyer Sues Over Very Old Debt
    By Thumbelinamom in forum Cars and Dealerships
    Replies: 1
    Last Post: 12-12-2005, 04:02 AM
 
 
Sponsored Links

Legal Help, Information and Resources