Problem is in my state the statue of limitations expired 5 months ago. The bill is like twice the amount of the original. These people are Joe's I don't know? I would state personal information, but not.
Anyone, know a good validation letter to send? I wrote one, just wondering if there is a better one on a website, that I need to check out?
2006-10-31 15:34:36 · 8 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
I will get an attorney should I have to go to court. Right now, I am sticking to the Validation letter-sent certified. That will take 30 to 60 days and probably I will end up without an answer as usual. This account has been sold at least 3 times. The original creditor signed it off on taxes.
There were 5 children and me living in my house and I had to provide food when the debt was made. This girl don't hunt.
2006-10-31 15:44:33 · update #1
I know if I pay anything at all--they got it pennies on the dollar--but if I pay 5 cents, the statue of limitations start all over again.
I did not want to file bankruptcy---that was before the law changed.
2006-10-31 15:46:35 · update #2
A letter from an attorney is a form of intimidation. Don't fall for it. Keep the letter, and any other correspondence that you recieve from this attorney. If they call you on the phone, keep a log of the calls they make. The attorney must provide you with the name of the original debtor. If they threaten a lawsuit they must do so in 5 business days after contacting you, or they are in violation of Fair Debt Collection Practices. Never give info to people you don't know, even if they claim they represent company XYZ. There are way too many preditors out there. If you have an original copy of the amount owed send that too. Include any information that could help your case to the court. If you are really being sued, you will be served papers at your residence. If you have to go to court, if you feel the company in question has broken any Fair Debt Collection laws MAKE SURE YOU LET THE JUDGE KNOW THIS RIGHT AWAY! This puts the ball in your court, so to speak. If you have specific laws that they have broken, (usually case numbers) then the judge will have to rule in your favor.
The myth that paying on an outstanding bill will keep the case out of court is simply not true anymore. I was paying on a hospital bill, and it was still sent to a collection agency. After making regular payments for a long time, the collection agency still filed a claim against me. They sued me for twice as much as what the original bill was, and this was after making all those payments. Plus, I was made to pay interest, and their lawyers fees. I got copies of all the checks I wrote to the hospital and collection agency, and that's what I took with me to court. Their lawyers tried to make it look like I never paid a dime on my bill. When the judge looked at the original bill, and the copies of my checks, he ruled against them. I got about $20 back for overpayment.
2006-10-31 17:28:43 · answer #1 · answered by Schona 6 · 0⤊ 0⤋
Get in your limousine and drive down to your lawyer's office. Be sure to bring your 14K gold pen along to sign any documents he has. Always remember what our system tell you: ignorance of the law is no excuse but at the same time, you should always get a lawyer because you are too dumb to know the law yourself.
Enough sarcasm. How do you know the statute is expired? If you are sure of it then you have a fair defense in court. It can be a bit more complex than that though. Statutes can be extended by: bankruptcy and other "stays", debts reinstated by a judgment, reaffirmation agreements and possibly other factors.
I always tell people to check into a laches defense as well if someone has ignored this debt for a while and then brought it up again.
Much to the chagrin of lawyers, the internet is providing information even for us poor people. At one point in history we common folk were not even allowed to learn to read and we were told we had to have priests do our reading for us lest we "not understand something right". Now we can learn the law! Don't let anyone tell you that you can't do it yourself.
2006-10-31 23:53:40 · answer #2 · answered by furshluginer 2 · 0⤊ 0⤋
If you are sure that the statute of limitations has expired. Go on line or to the library and make a copy of the law. Then send it to the Attorney. If this involves a lot of money I would spend the small amount it would cost you for a consult with an attorney of your own.
2006-10-31 23:43:13 · answer #3 · answered by the_buccaru 5 · 1⤊ 0⤋
You should check with a lwayer. If the other party was going after you for money, even without you knowing, the statue of limitations may not be expired.
2006-10-31 23:41:08 · answer #4 · answered by jrnh5150 3 · 1⤊ 0⤋
Just guessing, but it sounds like they're trying to intimidate you on an outstanding bill. You can always call them and work out a reasonable amount - most companies will work with you to help you - this is just a tactic to scare you into paying something on your amount that's due....good luck...
2006-10-31 23:39:17 · answer #5 · answered by Renee 5 · 1⤊ 0⤋
I would consult with an Attorney in your State. If you can't afford one, please contact me. I can provide you access to an entire Law Firm in your State at an affordable rate. You will get 24hour access to an Attorney and it will cover your entire family. Please let me know if I can be of service.
Martin
martybeau@gmail.com
2006-11-03 15:24:13 · answer #6 · answered by bearh24 1 · 0⤊ 0⤋
pay them alittle bit to get them of your back, because i dont think they can really do much if you are sending money in
2006-10-31 23:43:32 · answer #7 · answered by jeremy c 1 · 0⤊ 1⤋
consult your attorney
2006-10-31 23:37:37 · answer #8 · answered by BHANU V. RAVAL 4 · 1⤊ 0⤋