Re: ?? ON debt validation and sol for suits. HELP PLEASE..
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Posted by Linda (65.120.51.24) on July 21, 2002 at 16:03:33:
In Reply to: ?? ON debt validation and sol for suits. HELP PLEASE.. posted by michelle on July 18, 2002 at 09:21:43:
OK, here goes, for what it's worth... Q: What category would medical bills, a check that was written at a check cashing place now at collection agency, and a apt lease fall in. Like written, prommisary etc.? I can't figure out the sol on these. A: medical and apt lease are written. Checks are totally different. Check the edebt network site or Why Chat's credit page to see laws re bad checks.
******************************8 Q: Also, the checks that were written were from a joint account with my husband. We were separated at the time and I didn't know the checks were written(he doesn't remember either, could have or not). Obviously my signature would not be on the check. Why is it that it's on my credit report. Can I dispute this? A: It is on your report because it was a joint account and you are as responsible as he is for any checks written on that account. You can dispute anything ;) Say you didn't write any bad checks, if that is the truth. Get your file from chex systems to see exactly what it is. Better fix it, in some state's it's a crime to write bad checks.
*********************************** Q: Also, the original creditor said the account was sold to the ca but the ca says they don't buy accounts they are assigned to them. Is this accurate, I mean could they be lying can they do that? A: Are you asking if they can tell you a lie??? LOL, haven't done much reading here, have you? They lie like rugs, do not care one bit about the law.
*************************************** Q: Now if the ca did in fact buy the account, does the fact it's a bounced check still apply as far as the law is concerned? The date on my cr is in 1997. Is it a bounced check since it was a way of getting a loan type of deal(I guess??) A: Ummmmmm what do you mean? If it is a joint account and it was a bad check, that is all that matters.
************************** Q: I would also like to know if you are shown as joint with someone but did not sign anything is the debt yours. A: Yes
******************************** Q: Like a hospital bill.Where someone would sign as the responsible party. A: Huh? You are really jumping around. If you signed, yes you are responsible. If you insurance card was used, and it was legitimate, yes you are responsible. If someone else signed you name without your knowledge and you were unmarried, and your insurance card was used without your knowledge and the use was not legitimate (like a stolen insurance card) then no, you're not responsible, but you have got a problem on your hands anyway. i.e. If an estranged wife, uses the insurance card of her spouse, and the spouse is providing the insurance as part of divorce settlement or other agreement, then, the spouse who is providing insurance is responsible for the bill, whether that spouse signed at the Dr's office or not.
************************** Q: Sorry but back to a check question. If the ca can not produce the actual check itself and only has the info about the check and whats on the check does that count as invalid therefore can not collect for the check. A:They would have to produce the check for me to do anything, cause I would want that check back once it was paid.
********************************** Q: Or has a signed contract but no check. A: I thought we were talking about a bounced check. If no money changed hads, there was no contract.
******************** Q: One more. Can I still ask a ca to validate the account even after the 30 days stated on the letters they sent saying that if not disputed in writting within 30 days the debt is then considered valid? A: Yes, any time.
***************************** Q: How about even after I made an attempt to negotiate.I'd like to send in a letter stating that after personal review, I'd to have the following info to validate that the debt is accurate and/or mine. Would they still have to send a letter of validation or does the fact that I didn't dispute and ended up calling them to nego screw me? A: You can still say you don't believe it's yours and ask for proof. Some of this depends on other factors, like the state you are in, how old the debt is, whether or not you signed an agreement, etc.
***************************** Suggestion: Get your thoughts organized, describe each situation in it's entirety, each one in a separate post. No one wanted to tackle your questions because everything was so tangled, it takes to long to sort it all out (and I am not really sure exactly what you are talking about). Linda
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