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Re: questions on sol


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Posted by scott (65.25.98.79) on August 12, 2002 at 20:08:48:

In Reply to: questions on sol posted by william on August 12, 2002 at 19:53:12:

If it is past the SOL make sure you have the papers stating this. I would also countersue them for slander, harrassment, defamation of character, and filing a frivolous lawsuit. If you have the proof there is nothing they can do. they will try and scare you and belittle you but stick to your guns. I am sure why chat or poor lawyer could add something to this. Send them a cease and desist letter. they will of course violate this(although sending mail that states they will sue is not a violation). The FDCPA statute 807(5) states a debt collector cannot threaad to take action that cannot legally be taken. That is a $1000 violation. 807(10) states they cannot use deceptive means to collect or attempt to collect on a debt. The debt is not collectable and they are trying to deceive you. That is another $1000 dollars. 807(8) prohibits communicating to a person credit information which is known or should be known to be false. There is another $1000 violation. I do not know what others will say but I would jump the gun and file a lawsuit against them first for these violations. Don't let them dictate which venue the suit will be help. Call the credit card and ask them to send you a statement with your last payment and charge off date. If you have this weapon in hand they are a goner. Which state do you live in btw?


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