Re: Lawsuit / SOL in New Mexico

Posted by scott (24.166.38.155) on August 15, 2003 at 11:39:56:

In Reply to: Lawsuit / SOL in New Mexico posted by glassartist on August 15, 2003 at 09:27:43:

Prepare thyself and take no prisoners.

Defending your life:
1)http://www.ftc.gov/bcp/conline/pubs/credit/fcb.htm
"The law applies to "open end" credit accounts, such as credit cards, and revolving charge accounts - such as department store accounts"

2)truth in lending act
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=browse_usc&docid=Cite:+15USC1602
"Notwithstanding the preceding sentence, in
the case of an open-end credit plan involving a credit card, the card
issuer and any person who honors the credit card and offers a discount
which is a finance charge are creditors."
"(i) The term ``open end credit plan'' means a plan under which the
creditor reasonably contemplates repeated transactions, which prescribes
the terms of such transactions, and which provides for a finance charge
which may be computed from time to time on the outstanding unpaid
balance. A credit plan which is an open end credit plan within the
meaning of the preceding sentence is an open end credit plan even if
credit information is verified from time to time."

3)New Mexico Statute 37-1-4
http://jec.unm.edu/resources/benchbooks/magistrate/1-1-2.htm
SECTION 1.1. JURISDICTION; TIME LIMITS
1.1-2 Time Limits for Bringing Actions
B 2. One must bring an action founded upon accounts and unwritten contracts within four years.

File a $1000 countersuit for violations of the FDCPA
http://www.dca.ca.gov/legal/dc_2.pdf
page 26 annotation 81
Kimber v federal financial corp

FDCPA
http://www.creditinfocenter.com/legal/FDCPA.shtml#807

The Fair Debt Collection Practises Act (FDCPA)
§ 807. False or misleading representations [15 USC 1962e]

A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:
(2) The false representation of --

(A) the character, amount, or legal status of any debt;
(5) The threat to take any action that cannot legally be taken or that is not intended to be taken.

§ 808. Unfair practices [15 USC 1692f]

A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(1) The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.

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