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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.

Read the Collection Agency Frequently Asked Questions FAQ


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