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Re: CA collecting on SOL debt
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Posted by Why Chat (209.240.222.130) on August 03, 2002 at 21:39:51:
In Reply to: Re: CA collecting on SOL debt posted by scott on August 03, 2002 at 20:46:59:
I do not know what State YOU are in, however, IF they are collecting interstate, you can use my SOL letter and this.
(This is from the US Statute of Frauds Act)
Collection of extensions of credit by extortionate means
18 U.S.C. § 894
Collection of extensions of credit by extortionate means
(a) Whoever knowingly participates in any way, or conspires to do so, in the use of any extortionate means
(1) to collect or attempt to collect any extension of credit, or
(2) to punish any person for the nonrepayment thereof,
shall be fined under this title or imprisoned not more than 20 years, or both.
(b) In any prosecution under this section, for the purpose of showing an implicit threat as a means of collection, evidence may be introduced tending to show that one or more extensions of credit by the creditor were, to the knowledge of the person against whom the implicit threat was alleged to have been made. collected or attempted to be collected by extortionate means or that the nonrepayment thereof was punished by extortionate means.
(c) In any prosecution under this section. if evidence has been introduced tending to show the existence, at the time the extension of credit in question was made. of the circumstances described in section 892(b)(1) or the circumstances described in section 892(b)(2), and direct evidence of the actual belief of the debtor as to the creditor's collection practices is not available, then for the purpose of showing that words or other means of communication, shown to have been employed as a means of collection, in fact carried an express or implicit threat. the court may in its discretion allow evidence to be introduced tending to show the reputation of the defendant in any community of which the person against whom the alleged threat was made was a member at the time of the collection or attempt at collection.
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