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Re: confusing SOL question
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Posted by Keyser Soze
(152.163.253.37) on September 08, 2003 at 23:03:20:
In Reply to: confusing SOL question posted by kanman on September 08, 2003 at 22:15:44:
I understand full and well how the collection agency can claim more recent dates of last activity and after reading this so shall you. Welcome to the scumbag upside down world of 'collections professionals'.
The Statute begins on the first date of missed payment not made good. It sounds like this is SOL debt, CA's are legendary for conning people into paying it, suing for it, getting illegal judgements on it and all of which you can fight and successfully stop by using the tools available on this website.
Reason there are several different Dates of Last Activity is that CA's pull a very sleazy and illegal trick of 're-aging' the debt also known as 'running the statute'. Remember the statute starts when you miss a payment not made up. They will tell you it starts at chargeoff, or when the CA buys the account. They try to keep pushing the date closer to the present so as to cheat the calender and give themselves more time to sue you.
The Federal Trade Commission needs a call from you right away as this is a violation of FDCPA and FCRA statutes. The CA also busted the law when they left messages on relatives' answering machines - report this to the FTC and your state Attorney General.
ALso illegal is trying to collect on an SOL debt, these pukes know jolly well the debt is uncollectable thus they have no excuse for breaking the law.
As far as suing you have it backwards. The CA doesn't wait until the statute ends, they have to sue you before it ends which they haven't, tough for them good for you.
Oh, you can countersue them for the above listed violations as well. Best as ever, Keyser Soze "Hush hush."
- Det. Capt. Dudley Smith, "L.A. Confidential",
c. 1997
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