FINAL question, PROMISE......?

Question

I am using a LOT of points tonight! LOL! Again on my fiance, some of the things on his credit says that they will drop off or continue until such and such month of such and such year. Does that mean that the creditor has until THEN to contact him to get the money and then they can't get it? If so would it be wise (probably not) to ignore some of them that drop off next year? Just wondering, he has QUITE A FEW that drop off next year, but they are low balances that I can probably work a payment plan with (if I can find a way to contact them) and have them taken care of.

Thanks for ALL your help tonight! I am off to bed to be SURE I will NOT ask ANYMORE questions! LOL!

Virginia

They are car loans, medical bills, and one is Dish Network. They are all from when he lived in West Virginia.

Thanks!

I still think I will call them all up first thing Monday and get started on setting up payment plans. Hopefully they will let me talk on his behalf, he has car work to do that day (extra money to pay more bills and his sons birthdays are coming up).

Answer 1

You need to find out what the statute of limitations (SOL) is for your state.

If he is out of the collecting SOL, he is not legally bound to pay and they cannot legally sue, but continue to bug you - but that can be taken care of.

List your state and I'll look it up for you. Also, what kind of debts are they - credit cards, personal loans, car loans etc?

++++++++++++++
Ok, I hope I'm not going to confuse you lol.

He lived in West Virginia when the debts were incurred and now lives in Virginia?
If he is being dunned by the collection agencys at his current residence, has established residency in the new state - drivers license, utility bills etc. the SOL for that state "may" apply instead of W. Virginia.


On the car loans, were they repo's?
If so, repo's fall under the UCC SOL, which is 4 years from the day the vehicle was sold creating the deficiency.
If the original creditor never sent all of the required notices in a legal and timely manner before and after the sale, the repo would be considered an illegal repo and uncollectable. The notices would consist of the intent to repo, the right to renew the vehicle, the intent to sell and the deficiency notice after the sale.

You might check out the link I've provided and do some reading on repo's, if repo's is what he is dealing with.
http://whychat.5u.com/repoltr.html


Dish Network may fall under the UCC for goods and services (utilities) with a 4 year SOL. But it would depend on the contract If the contract was signed by your fiance and an authorized rep and it has specific terms and conditions, then it is subject to the SOL for written contracts, which in W. Virginia is 10 years (Virginia is 5 years for a written contract)

Is the collection agency on that AFNI? (they seem to handle alot of Dish Networks charge offs) If it is, be extremely thorough in your dealings with them since they tend to not keep their word, even if they give it in writing.


As for the medicals, they are a bit trickier. If the medical provider gets "any" money from the state, government or public funding, there is no defense if SOL is the only defense - in other words, no SOL. It would be like any other government type of debt.

Did he have insurance? If he had insurance and for some reason the insurance did not pay - that brings up a slew of other things that would take alot to go through on this site. You might do some reading in the link I've provided. Even if he did not have insurance.
http://creditboards.com/forums/index.php?showforum=39

Before doing any credit repair or paying on the debts, start off by opting out 1-888-567-8688 [1-888-5-OPTOUT] That will keep anyone (collectors) from knowing that he is working on his baddies.

Then order his credit reports. Order the "paid" reports from each bureau. Update his personal info on the reports. Old/incorrect addresses, phone numbers, Incorrect spelling of his name etc.
Check the reports over to see if there are any inaccuracies in the baddies that you mentioned.

Do not speak to anyone on the phone!!!
Do everything by mail and send it certified return receipt - create a papertrail.
Plus, if you call you have no record of any deals that were made, it would be difficult to make them live up to any agreement if you have nothing in writing.

If you are planning on paying any of these, and you are dealing with collection agency's - send them a debt validation letter first.
When you get the green card back, dispute with the credit bureaus if they are reporting inaccurately.
After receiving validation, send them a pay for delete letter. Request among other things that they take a percentage of the debt as payment in full.
You can find some good examples of debt validation and pay for delete letters on the following site
http://creditboards.com/forums/

I would really recommend going to the last site I've listed. Do as much reading as you can in the Newbie Forum and then in the Credit Forum. And then post any questions you have in the Credit Forum.

Dealing with debts, creditors/collection agencys and credit bureaus may look like a daunting task when you first start out. But the more you read and the more questions you ask, the easier things will start looking - it is never totally easy, don't get me wrong. But there are so many people on that site that have been through the fire and stayed around to help others that are just starting to go through it. And it does help in making things a bit easier when dealing with the baddies, collectors etc.

Answer 2

okay... i wish this weren't true::

but credit deffn does not go away if you ignore it......

a payment plan is a good idea bc otherwise the interest rates will only go up and up and his credit will keep getting worse..

when the creditor (credit card company) says that you have until a certain day to pay it they mean that after that date they will sell your name to a collection company that does nothing but hassle people to get the money owed... sorry

make a payment plan!!! :)