Well its 4 years now and the SOL has past

[ready2puke]

Wow all great replies..thanks soooo much to everyone! Yes by reading this forum for the last 4 years I have learned a great deal from ALL of you...Especially NEVER talk to the creditor...
I didn't think I hang on but I have..
Hub I was surprised to read your post as I was 100% certain that the only way SOL could be started up was with either a promise to pay or actually pay them anything..so I was pleased to read that was true..
I'll keep you all informed...now I have to get all my paper work together to fill out the 982 as Citi filled a 1099-C on two accounts...
This is a pain in the tush and just as time consuming as if I were filing BK...
The clock is ticking and I have til the 3 week in Sept. and then they are all expired...
Thanks again..
I think I will reread all these posts many times over..
R2P

[tobee43]

When they ignore the C/D letters, then you have to either sue them (which few people do) or file a complaint against them with your local version of this...

http://www.azdfi.gov/

In the upper right corner of that webpage you will see a link to their complaint form. It worked so well to get West Asset Management and Phillips, Cohen, and Associates (the only debt collectors who ignored my C/D letters) to stop calling me. And recently, a collection agency from India called Takhar Group was ignoring a C/D letter from my sister, and so I helped to file a complaint against them, and it even worked with them.

And from this list, you can see that they regulate a lot of the debt collectors out there...

http://www.azdfi.gov/Lists/CA_List.HTML

Even if they aren't on that list, they will still probably send the debt collector a letter with their letterhead and that tends to scare them off from their attack on you.

thanks going!


well, at the time it happened i know i spoke with our atty, since their firm also send each and everyone of them a letter as well. we were told that until we had the docket number they have a right to contact us. i have read on the forum that's not so, however, they did attempt to continue to contact us until we actually filed. then we moved all the calls stopped and disconnected all phone, left no forwarding address for 2 years..

karma: when we got a new phone in our house we got someones old number that owned everyone and their mother and their mother's mother...talk about calls...night and day and day and night. we should have just changed the number. all of them, b o a, citi, chase, wells fargo, amex, on and on. finally since they wouldn't believe me that i was who I WAS..i turned all their butts into the FTC. the calls stopped, but it took about 3 months.

[GoingDown]

actually for us the C/D letters were just trashed by all our creditors and they ignored them all. they even ingnored the letters from our atty.

but df0 and goingdown, your right, it's most likely too confusing to these empty headed people to cite any law.

When they ignore the C/D letters, then you have to either sue them (which few people do) or file a complaint against them with your local version of this...

http://www.azdfi.gov/

In the upper right corner of that webpage you will see a link to their complaint form. It worked so well to get West Asset Management and Phillips, Cohen, and Associates (the only debt collectors who ignored my C/D letters) to stop calling me. And recently, a collection agency from India called Takhar Group was ignoring a C/D letter from my sister, and so I helped to file a complaint against them, and it even worked with them.

And from this list, you can see that they regulate a lot of the debt collectors out there...

http://www.azdfi.gov/Lists/CA_List.HTML

Even if they aren't on that list, they will still probably send the debt collector a letter with their letterhead and that tends to scare them off from their attack on you.

[tobee43]

Keep it simple is the best way to go, quoting laws to them is a waste of time, in my opinion, as they know exactly what the laws are.

actually for us the C/D letters were just trashed by all our creditors and they ignored them all. they even ingnored the letters from our atty.

but df0 and goingdown, your right, it's most likely too confusing to these empty headed people to cite any law.

[df04527]

Keep it simple is the best way to go, quoting laws to them is a waste of time, in my opinion, as they know exactly what the laws are.

[GoingDown]

You don't necessarily have to quote the law to them. When you write to them, you go over the heads of the flunkies on the phone and you get to someone who knows very well what the phrase "statute of limitations" means, and from my vast experience of playing chicken with creditors and waiting them out until the statute of limitations expired, this is all I put in my letters to them:

"Cease and Desist from any communication with me."

"The Arizona Statute of Limitations has expired. I will use it as an affirmative defense against any lawsuit you file against me, and I expect you to pay my court filing fees since I have notified you in writing about this matter."



See? I keep it plain and simple and never mention the word "debt" nor acknowledge anything.

But in most states, you do have to make a payment to reset the SOL. It's just better to be on the safe side and never mention the word debt and never acknowledge anything.

And as I have probably said a million times on this forum, in most cases you are better off never talking to debt collectors on the phone. Don't answer the phone when they call, or hang up on them. The only time you would talk to them on the phone is after you send them a cease and desist communications letter, and you want to record their telephone call to get their name and the name of their debt collection agency recorded so you can file a lawsuit against them for their violations of the F.D.C.P.A. Most people never bother to do that, so it is usually not a good idea to talk to them on the phone... ever!

If they don't stop calling me, then I follow it up by filing a complaint against them with the Arizona Department of Financial Institutions, which regulates debt collectors operating in Arizona. They send them a letter with their official government letterhead telling them to stop calling me, and that gets them to stop calling me.

Except for one recent junk debt buyer, I haven't heard from any of my many, many creditors in years. And even this recent one has finally fallen silent for the last few months. None of them got a single penny from me.

I am the creditor's worst nightmare because I know my rights and don't back down from them.


EDIT-- OOPS! I see that was for when and if they sued me, now! I mistakenly thought it was for sending to them before they sue me. Sorry about that.

[tobee43]

SOL DEFENSE-CREDIT CARDS=OPEN ACCOUNTS


"DO NOT under any circumstances state that the debts are yours.

In the area for affirmative defense, you state ;
These ALLEGED debts,dated xxxx ,xxxx and xxxx from plaintiffs complaint, are time-barred under (YOUR STATE) statute § _____
(attached exhibit # 1)

These alleged accounts do not fall under the (YOUR STATE) Statutes for written contracts for the following reasons.
1- They are excluded under(YOUR STATE) Banking & Interest Definitions Statute § ______ , (attached exhibit 2.)
2- They are excluded under (YOUR STATE) Statutes Of Frauds § _____ (attached exhibit 3)

You may refer to it by it's case # or print it out.

Obtain a copy of the BACK of a bill from the CC Company that was the original creditor,and refer to it's terms and conditions as being those of an open-end agreement under TILA (as referenced in the above case).

State that it is not plausible for a credit card agreement to be classified as an open-end agreement while it is active, but to be claimed to be a closed end "written" contract after default.

Also refer to the following:

Section 226.28 of Regulation Z Describes the effect of TILA on state laws.

As a general matter, state laws are preempted if they are inconsistent with the act and regulation, and then only to the extent of the inconsistency.
A state law is inconsistent if it requires or permits creditors to make disclosures or take actions that contradict the requirements of federal law."

just a quick search on what to write them when you do....

[GoingDown]

Slight correction to this .. The only legal way to restart the SOL is by paying anything to them, even a dollar. Acknowledging they have reached you could likely escalate them filing suit against you. hth

Yes, this is true.

Once a debt is past the SOL, I send them a cease and desist letter with careful wording, just look at my signature for more information. I also add a letter stating that the statute of limitations has expired for my state, and that if they file a lawsuit against me I will use the SOL as an affirmative defense, and that I will expect them to pay my court filing fees since they have now been informed in writing about the SOL expiring. I send these by certified mail, just to make sure I have a paper trail, just in case one of them tries to be sneaky and sue me.

[df04527]

Exactly. Once the SOL is established you need not pay the debt legally. But if you admit in any way the debt exists, the SOL starts over. Even in the hearing don't acknowledge that you owe the debt (do not lie though) as you no longer owe it. They have ways in editing your recorded phone calls so it is best not to share contact at all. 'Hub

Slight correction to this .. The only legal way to restart the SOL is by paying anything to them, even a dollar. Acknowledging they have reached you could likely escalate them filing suit against you. hth

[AngelinaCatHub]

Agree do NOT talk to them. If you do you will be confirming to them they have indeed made contact.

Exactly. Once the SOL is established you need not pay the debt legally. But if you admit in any way the debt exists, the SOL starts over. Even in the hearing don't acknowledge that you owe the debt (do not lie though) as you no longer owe it. They have ways in editing your recorded phone calls so it is best not to share contact at all. 'Hub

[df04527]

Agree do NOT talk to them. If you do you will be confirming to them they have indeed made contact.

[AngelinaCatHub]

Do not talk to them and communicate in any way. What you may say will be tantamount to rewinding the SOL clock. Then you will not have that defense. Acknowledge them in no way. Frogger is correct. They can sue you, it's up to you to use the SOL defense. At the first hearing I would simply say that in three years you don't recall the debt, but if they remind you of a debt tell them about SOL. 'Hub

[frogger]

So far no one has sued me and after the SOL has past they can't.
R2P

Actually, they can still sue you after the sol has passed. You do however, have the sol defense, but if you don't show up to court and use it, many courts will issue a default judgment against you.

[ready2puke]

For most of my creditors..Still have 3 more creditors that will be past in Sept. So far no one has sued me and after the SOL has past they can't..But I'm sick of not answering my phone.. What I'd like to know from you all is should I send them a letter telling them to not call me anymore and keep in contact thru mail? In the last 4 years I've never talked to any creditor or sent them anything by mail...they just get my voicemail, hang up or leave messages..
I'm going to wait out the next 3 years and then get the bad credit removed..(7 years). keep my BK card if I ever need any major medical work since I've had to drop my healthcare 2 years ago..
Thanks for any responses..
R2P