Another CA Tactic; Thx to LadynRed

Posted by Keyser Soze (64.12.103.48) on February 01, 2003 at 16:57:33:

Dear WhyChat, LadynRed & Fellow Cold Warriors;

LadynRed - appreciate kind comments. I will stick around and happily pass along what information I might have to any who need such. I appreciate this board greatly, wish I had access to this a long time ago.
Another sleazebag trickk by the 'alleged' lawyers who collect for the poor & downtrodden collection agencies and credit card companies is falsely claiming that you 'acknowledged', 'reaffirmed' or 'restated' the debt. Why do they do this? Why not, replied the paedophile when asked why he acts as he does. Because it's what they do.
Here's where they might likely try it and why. A greaszey little mal-practitioner of the law ignores your debt validation letter. He pulls your credit report. He boldly claims the debt was validated by his filing suit against you. He's already put his snout into a big fat wringer washer and hopes beyond hope you won't notice, let alone commit pest control by hitting the "ON" switch.
He's already committed several violations of the FCRA and FDCPA, which you've had the effrontery to report to both the FTC and your State agency. You reported via Certified and General US Mail to show you mean business, not to be trifled with.
Now he's filed suit when he should have abstained from any activity pending validation. Let's say he filed a time-barred (beyond the statute) action. You've picked up on it, he hopes the local judge doesn't, but he can't take that chance.
He's represented before the court that the statute of limitations commenced not with the payment missed but at some vague date tied to the chargeoff date. Another violation - "Running the statute" so sez de FTC.
OK, let's that years previous, you wrote a good faith letter to the original creditor or intermediate accont owner or 'assignee". In this letter you took responsibility for the debt, though you don't give the amount. You express appreciation that up to the date of writing the magnanimous creditor has kindly not sued you, and you state a hope that you can in the future settle your differences. Perhaps you represent that you have experienced serious illness, maybe financial hard times, perhaps you refer to CA and Original Creditors making what would well be considered Terroristic Threats, as defined by the HOmeland Security Laws.
And that's all you state. No terms and conditions, no consideration, no specific amount owed. No creditor signature. In short, just a good faith letter.
Scumbag collection lawyers (apologize for redundancy), having failed to convince a judge that they have a case, will run like a puppy with a big load and weak bladder to the court, screaming that by your letter - which was not addressed to them - you have created a new and binding credit agreement, thus tolling the clock.
F.A. Management Solutions of Delray Beach, in sunny Palm Beach County, Florida has been known to perhaps practice this strain of voodoo barristry. Hugh Brett Shafritz, Esq., attorney for and sole operative of this company, according to records, has been known to make this representation. Attorneys and others evaluating this claim fail to see any merit in it.
In addition to case law and statutes, there is a simple premise as to why this tactic is invalid, for if not, every person who contacted a creditor in writing and took responsibility for alleged debt in effort to hopefully settle it, would have tolled their own clock without realizing such.
Reviewers suggest caution as this sleight of hand could slip past a local judge. All the more so given the characteristic confused-confusing-tangential method of presentation these CA spirochetes employ to fob off fish guts as caviar in open court.
Watch out for it, nail it, use the FTC to guide these souls to honorable work - like plucking seagulls.

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