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  1. #21
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    Default Re: Problems with Fiserv

    Quote Quoting Taxing Matters
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    As written, I agree with that. But can you guarantee me that the California court in applying its choice of law rules, would not choose to apply Utah debt collection law and would definitely apply California debt collection law instead?
    As I wrote previously, "I can guarantee that, if an out-of-state debtor sued an in-state collector for violating the Rosenthal Act, the California court would entertain the suit and apply California law."

    Since the Rosenthal Act is "California debt collection law," there would be no way for a court to entertain a suit filed pursuant to that Act without applying California debt collection law. Therefore, yes.

  2. #22
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    Default Re: Problems with Fiserv

    Quote Quoting pg1067
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    As I wrote previously, "I can guarantee that, if an out-of-state debtor sued an in-state collector for violating the Rosenthal Act, the California court would entertain the suit and apply California law."

    Since the Rosenthal Act is "California debt collection law," there would be no way for a court to entertain a suit filed pursuant to that Act without applying California debt collection law. Therefore, yes.
    I think perhaps I'm not being specific enough. So let me try this. Are you saying there is no chance a California court would rule in favor of a California debt collector if the debt collector challenged the applicability of the Rosenthal Act to the collection of a debt outside of California?

  3. #23
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    Default Re: Problems with Fiserv

    Quote Quoting Taxing Matters
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    I think perhaps I'm not being specific enough. So let me try this. Are you saying there is no chance a California court would rule in favor of a California debt collector if the debt collector challenged the applicability of the Rosenthal Act to the collection of a debt outside of California?
    Yes, that's what I'm saying. The Rosenthal Act is focused on the conduct of debt collectors and contains no geographic limitations. It would apply to an out-of-state collector seeking to collect from an in-state consumer or to an in-state collector seeking to recover from a non-resident consumer. The only thing it wouldn't apply to would be an out-of-state collector seeking to collect from a non-resident consumer.

  4. #24

    Default Re: Problems with Fiserv

    Quote Quoting Taxing Matters
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    The statute of limitations (SOL) is simply a defense available to you should the creditor sue you on the debt. Be aware that under the laws of at least some states the SOL does get extended for the time you are living outside the state. So depending on the facts here it may be that the SOL is still open, e.g. if you were in Peru from 2004 until 2 years ago.

    Because the SOL is irrelevant outside a lawsuit, a creditor may refuse to provide you services until you pay a debt you owe to the creditor even if the SOL has expired. So if you want the service from the creditor, you have to pay up. Your other choice is to find some other company to provide the service you want.




    You live in Utah, so it is Utah law on debt collection that would apply, not California. It does not matter where the creditor is based; it matters where the debtor is located. It appears that Utah does not have its own law regulating debt collection that is analogous to the federal Fair Debt Collection Practices Act (FDCPA) or the California version of the FDCPA. That means that if this company is indeed the original creditor and the FDCPA does not apply then there isn't any particular restriction on what the creditor may do to collect the debt.
    It seems that the federal Fair Debt Collection Practices Act offers no help because Fiserv is, at least allegedly, the initial creditor. Accordingly, I am looking into California law for remedies that may make this alleged debt go away. Does anyone have any insight?

  5. #25
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    Default Re: Problems with Fiserv

    Quote Quoting pg1067
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    Yes, that's what I'm saying. The Rosenthal Act is focused on the conduct of debt collectors and contains no geographic limitations. It would apply to an out-of-state collector seeking to collect from an in-state consumer or to an in-state collector seeking to recover from a non-resident consumer. The only thing it wouldn't apply to would be an out-of-state collector seeking to collect from a non-resident consumer.
    If that's the case, then IMO (which I know you don't care about) this is another fine example of California overreach. One of the reasons I chose never to move to that state when I had several offers over the years to do so. The politics of that state certainly do not align with mine.

  6. #26
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    Default Re: Problems with Fiserv

    Quote Quoting Taxing Matters
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    If that's the case, then IMO (which I know you don't care about) this is another fine example of California overreach. One of the reasons I chose never to move to that state when I had several offers over the years to do so. The politics of that state certainly do not align with mine.
    You'll get no argument from me about California lawmakers overreaching, but I'm honestly surprised that you find this remarkable, and I really think California is not unique in this sort of thing (which makes me feel like one of us isn't explaining himself well or I'm misunderstanding you or vice versa).

  7. #27
    Join Date
    Oct 2006
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    Default Re: Problems with Fiserv

    Quote Quoting pg1067
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    You'll get no argument from me about California lawmakers overreaching, but I'm honestly surprised that you find this remarkable, and I really think California is not unique in this sort of thing (which makes me feel like one of us isn't explaining himself well or I'm misunderstanding you or vice versa).
    I gave up reading the thread because I couldn't understand where the two of you were agreeing or disagreeing. Therefore its possible that the two of you are misunderstanding each other.

  8. #28

    Default Re: Problems with Fiserv

    Quote Quoting nailiyatsi
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    It seems that the federal Fair Debt Collection Practices Act offers no help because filezilla uc browser rufus Fiserv is, at least allegedly, the initial creditor. Accordingly, I am looking into California law for remedies that may make this alleged debt go away. Does anyone have any insight?
    Because the SOL is irrelevant outside a lawsuit, a creditor may refuse to provide you services until you pay a debt you owe to the creditor even if the SOL has expired. So if you want the service from the creditor, you have to pay up. Your other choice is to find some other company to provide the service you want.

  9. #29

    Default Re: Problems with Fiserv

    Quote Quoting Taxing Matters
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    The statute of limitations (SOL) is simply a defense available to you should the creditor sue you on the debt. Be aware that under the laws of at least some states the SOL does get extended for the time you are living outside the state. So depending on the facts here it may be that the SOL is still open, e.g. if you were in Peru from 2004 until 2 years ago.

    Because the SOL is irrelevant outside a lawsuit, a creditor may refuse to provide you services until you pay a debt you owe to the creditor even if the SOL has expired. So if you want the service from the creditor, you have to pay up. Your other choice is to find some other company to provide the service you want.




    You live in Utah, so it is Utah law on debt collection that would apply, not California. It does not matter where the creditor is based; it matters where the debtor is located. It appears that Utah does not have its own law regulating debt collection that is analogous to the federal Fair Debt Collection Practices Act (FDCPA) or the California version of the FDCPA. That means that if this company is indeed the original creditor and the FDCPA does not apply then there isn't any particular restriction on what the creditor may do to collect the debt.
    I was told that if I wished to have bill pay turned on, I would have to pay $135.77. The statute of limitations in California is 4 years. In Utah it is 6. Either way, the statute of limitations is more than double up.

    Quote Quoting nailiyatsi
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    I was told that if I wished to have bill pay turned on, I would have to pay $135.77. The statute of limitations in California is 4 years. In Utah it is 6. Either way, the statute of limitations is more than double up.
    Because the SOL is irrelevant outside a lawsuit, a creditor may refuse to provide you services until you pay a debt you owe to the creditor even if the SOL has expired. So if you want the service from the creditor, you have to pay up. Your other choice is to find some other company to provide the service you want.

    Quote Quoting nailiyatsi
    View Post
    I was told that if I wished to have bill pay turned on, I would have to pay $135.77. The statute of limitations in California is 4 years. In Utah it is 6. Either way, the statute of limitations is more than double up.



    Because the SOL is irrelevant outside a lawsuit, a creditor may r Tutuapp 9Apps ShowBox efuse to provide you services until you pay a debt you owe to the creditor even if the SOL has expired. So if you want the service from the creditor, you have to pay up. Your other choice is to find some other company to provide the service you want.
    Because the SOL is irrelevant outside a lawsuit, a creditor may refuse to provide you services until you pay a debt you owe to the creditor even if the SOL has expired. So if you want the service from the creditor, you have to pay up. Your other choice is to find some other company to provide the service you want.

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