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Re: Credit card debts
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Posted by CardReport.Com on December 21, 2000 at 22:29:36:
:1) Who still have the right to sue in case they decide to :consider suing (the original creditor or the second :or third buyer who owns the account). That right is transferred with the sale of the debt.
:2)If the debts were sold and originally I have lied on :the application, could the second or third buyer have :the same right as the original owner to file a law :suit claiming criminal charges by lying on my original :application, or the original owner has to do that.
If the owner of the debt knows that you lied on the credit application, then they could probably mention that in a civil lawsuit complaint. Criminal complaints possibly leading to criminal charges are a somewhat separate issue, which would have to be filed with the police/prosecuter for your jurisdiction. I'm not sure of the details for debts that have been sold, although I would expect any possible criminal complaints to be done by the original creditor, before selling the debt.
:3)After the debts have been sold, does the original :creditor follow up on it, or just forget about it :after that point
Generally, it is considered to be not their problem anymore. The original creditor will already have charged-off the debt, and will have received some percentage payment from the collection agency. Although I have heard of some creditors checking to make sure the collectors were behaving reasonably (e.g. in
compliance with the FDCPA),
for corporate reputation
reasons.
:4) When the original creditor sells the debts, does :he sells it as a package ( just the debts), or he :sells it with every detail involve in the accounts, such as: :Late payments record, on time payments record,overdrawn :records, Credit limit increase record,etc...
I'm not sure how much info they transfer.
:So the buyer can have a track of the account history :in case of a law suit consideration.
These bottom-feeder cheap-bad-debt buyers probably aren't likely to be into suing, because they are accustomed to getting old, stale, borderline hopless debts, without much investment.
:5) Your advice on a credit card debts that is three years :and two months old in the State of Oklahoma. No suits :have been filed against me yet and the original creditor :and the second and third holders holders (buyers) of :my accounts have charged off my debts as bad debts. :I am at the point of holding a real job, should I :consider a bankruptcy before starting my real good :pay job or just wait and see if they would sue me :first.
Personally, I would *not* file for bankruptcy, unless there was already an actual lawsuit in progress. Meaning filed in court - *not* just a threat. There is no point in taking such a drastic step if you don't even know if it is necessary.
Please note that I am *not* an attorney, and nothing here should be construed as, or relied upon as, legal advice.
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