|
Got a question... Do you find the "priceless" Discover Card...? Thanks for any response. Another question... Hi Folks,. |
|
|
|
I would like to know the answer too. Anyone here know what is the answer to your question. I'll do some research and get back to you if I discover an useful answer. You should email the people at Discover Card as they probably could assist you..
|
|
Those accounts are long-since SOL, so you can simply FOAD these JDBs. Why pay them even one more cent?..
|
|
I would take the lack of response to mean "We want you to stop paying (with Discover card) us."..
|
|
Don't assume these debts are time barred by the Statute of Limitations. Even if the Statute of Limitations has run, if you make a payment it "restarts the clock". Basically, by making payments, the Statute of Limitations time period starts all over again. For example, in Texas, the statute of limitations is 4 years. If you stopped paying (with Discover card) the CA in 2007 and you lived in Texas, they would have until 2011 to file suit. By paying (with Discover card) them, you have renewed the debt and the Statute of Limitations will not start running until the date of first delinquency in payments to the CA. I believe the Statute of Limitations in Montana is 8 years but you should research it...
|
|
This is not true in all states...in fact, I don't think it's true in most states..
This post has been edited by. Jtoast. : 08 January 2010 - 12:40 PM.. |
|
Incorrect. The debt is only tolled in most cases if there is judgement...
|
|
Tolled is not equal to restarting. Tolled means that the SOL clock stops ticking..
For example..You have a debt where the SOL starts on 06/2005 with a 5 year SOL. This would mean that the SOL would normally expire on 06/2010. Now lets say your state says the SOL tolls if you leave the state....and you leave the state in 06/07 with 3 years left on your SOL clock and return in 06/15.. Because the SOL was "tolled", the time between 06/2007 and 06/2015 doesnt count for SOL purposes. This means that, once you are back in state, the new SOL expiration would be 06/18.. Restarting is different in that it would indicate that the entire SOL period was reset back to zero after expiring.. This post has been edited by. Jtoast. : 08 January 2010 - 02:26 PM.. |
|
No, a payment in Texas does not restart the clock except and unless there is a written agreement between the parties. Surely your classes at St Mary's covered the Civil Practice and Remedies Code (specifically Section 16.065)....
While some States ARE a last-payment jurisdiction, Texas is NOT one of them unless the aforementioned section of CPRC is satisfied.. While it was a 2002 3rdCoA (Austin) case instead of 4thCoA, I figured you probably would have seen. Rambo. And some if it's progeny.. Forgot to include (also from. Rambo. ):. This post has been edited by. Centex. : 08 January 2010 - 02:43 PM.. |
|
For good measure, let's also look at the dicta from CA Partners v. Spears, 274 S.W.3d 51 (14th CoA at Houston, Memorandum Opinion from August 2008). The bolded portion is particularly relevant here in case anyone elects to disregard the plain language at the beginning of the quoted material....
Oh yeah...Petition for Discretionary Review was denied in March 2009.. This post has been edited by. Centex. : 08 January 2010 - 02:51 PM.. |
|
You know how it goes...rile me up and I am like a pit bull on a small critter...except more tenacious than the pit. Oh, and as subtle as a sledge hammer through a plate glass window...or a ex-coach giving true feelings about a 'player' with a helicopter father who holds a microphone..
|
|
I agree with you. Honestly, I like trying to push your buttons..... It is very entertaining at times.
.. I just watched my 1 year old 50lbs Pit drag my 108lbs German Sheperd, who was laying down, across the room while playing tug (on carpet). Its Friday and my attention span is short. I hope that answers any questions.. This post has been edited by. Bobbydebt. : 08 January 2010 - 03:17 PM.. |
|
Ya know.. I don't mind having attorney's on board.. but at least have your facts straight..
I've found numerous errors on ones post already and it appears others have pointed more out.. Btw, this was not directed at Centex.. as they've been right on more then several occasions. This post has been edited by. Beli. : 08 January 2010 - 03:23 PM.. |
|
Thanks to everyone for the replies this forum rocks!.
LosAngeles26. The amounts are pretty substantial, actually, esp. for CAs that most likely bought my accounts in portfolios for cents on the dollar. One CA was offered $500 on a principle balance of $1000 after I'd paid $1500 since the year 2000. (Again, I'd entered into payment plans with these CAs way back when the debts were first charged off.). Another CA was offered $300 after I'd paid $1300 over many years on a principle balance of $1900. They had previously offered me a lump sum settlement equal to 50% of the balance, but I couldn't afford it at the time. Now I can better afford to do this 50% deal, so I wrote offering exactly the deal they had offered just a few months previous, but I heard nothing back. Again, this was two years ago when I wrote all the settlement letters.. A third CA was offered $700 after I'd paid $1250 of the original balance, and yet another CA was offered $2100 after I'd paid $1900 on a balance.. Basically what I did with these old debts was go back through all my paperwork and records, add up what I'd sent them over the years, subtract that from the principle balance, and then offered each 50% of the remaining balance as a lump sum settlement. Since all of these debts are quite old (charge-offs from 98 and 99), these CAs would make quite the profit, and have already made a profit, on what I've paid them over the last decade. It's just odd to me that NONE of them have written back to either accept my offer, tell me it's too low, or whatever. A few of them actually stopped billing me altogether, which is really bizarre to me. I know not the ways of the mysterious CAs.. Also, I'm not asking the CAs to delete anything from my CRs, as nothing shows up anymore. The 7 year reporting period has long since passed. So this isn't a "pay to delete" situation, it's a "I want to settle these once and for all" kind of deal. As for the SOL, unfortunately, from all I've been able to dig up, it looks like Montana has that provision for re-starting the clock on any payment or even acknowledgement of the debt. That means all the accounts I kept sending my monthly payments to after I moved here are not anywhere near SOL. (But I do want to pay off all of these accounts, so the SOL only bothers me in that the CAs could conceivably take me to court anytime they wish.). Does anyone know of a list of contact names and addresses for CA's that might result in something more than silence on my settlement offers? Should I try this all over again?. THANKS again for all the info. This forum is really helping me get a grip on what's what.. V... |
|
I'm going to caution some of the more, umm, knowledgeable posters in this thread that they're toeing a very fine line here..
Want to debate the finer points of Texas law? Can you can do so without snide remarks, baiting, digs and personal attacks on others in the thread? Then that is great, debate away. I will separate that out into it's own thread for you to debate.. Otherwise, if you'd like to help the OP out with their issue? That would be just swell.. |
|
Well this is true in Michigan even though the statutes say different the Supreme Court says it does. Moreover, did any of you ever think that ConsumerLawAtty can't tell ANYONE directly advice for their specific state? I would assume if he/she wanted to do do they would have their own discussion forum..
Please read above, and try and remain civil just because one *thinks* something is not right. As I have shown above it is true in *some* states!.. |
|
I think there is a HUGE disservice here when an attorney is presenting the laws as as fact and broadly accepted or applied, when in reality it's an exception full of loopholes and only found in a fraction of states..
So even if it's true in "some" states, requiring the non-attorney reader to know about the loophole for that state in the first place...are we actually endorsing good or bad advice in the end?. I say it was poorly presented to the OP (among the others with similar sentiments) and this 'advice' ought to be discussed or even debated for the sake of bringing out the facts among attorney and non-attorney members alike...to learn the reasons why it's a loophole and why it can't apply to every state, and how it can or cannot help the OP asking the question.. I hope the OP gets the answers they need... |
|
Viv,.
Just curious, and it's only a theory as to why they didn't reply....did you include the account number or identifying info to locate their file with your account? They could have very well sold it off before they received your letter. Any number of reasons, really...but it does seem odd they'd pass up on free money!.. |
|
Well if we took what you are saying above then.
NO ATTORNEY. On this board could help, because they would have to take the time to look up the laws for that individual poster before replying. I. HIGHLY. Doubt any of us do this THAT often. And as far as. "requiring the non-attorney reader to know about the loophole for that state in the first place". That is what. SELF HELP. Is! If the OP or the one who is in the mess does not want to do the leg work then why should any poster let alone an attorney for that matter do it?. I am NOT an attorney and I KNOW IT.. It is great to be a marter for some, but spouting off proverbial foolishness is not wise... |
|
I think it's misleading to state something as a broad legal fact when they are presenting it from a professional capacity, that's all..
Newbies won't know to question it, and most wouldn't dare question it when the mods are coveting who is giving it in the first place....especially when regulars get smacked down for questioning it by NOT CHOOSING THE RIGHT WAY TO DO IT. That's the last thing a newbie is going to do...question anything.. I think this is a great lesson in how to take free advice with a grain of salt, even if it is in proverbial format. And, for the record...it's martyr.... My advice didn't cost anything, so consider it my free contribution and only my opinion.. PS...I don't remember saying that anyone had to cite law in order to help. Just don't mislead someone in the process with broad strokes of "fact".. This post has been edited by. DragonFlyer. : 08 January 2010 - 07:21 PM.. |
|
Things get stated as legal fact all day long on the internet and including here by more than just one poster in specific. I have no idea if she was presenting them in a professional capacity. I will assume she was for the sake of brevity and bandwidth. As far as coveting, I think the point some were trying to make is exactly what I posed in my previous post that it is true in *some* states and it is not our job to check each persons laws, RCP or the like..
BTW thanks for the spelling check. A quote from a good friend came by me today "spelling is for amateurs".. |
|
Any licensed professional posting on the internet is going to answer with.
Generic advice. , just like I do when I'm posting about insurance, and the mortgage brokers do when posting about mortgages. We cannot go into details about states where we aren't licensed, or without obtaining detailed information from the person asking for advice. That's the difference between people who hold a license and people who do not... |
|
It might even be the difference between people who want to hold a license and people who do....
Or rather people who did hold a license and people who do ? . Lol. This post has been edited by. Tryn2getup. : 08 January 2010 - 07:53 PM.. |
|
And, I believe the point being made was "do not assume..." the rest of the info is to support the advice of "do not assume." I am truly embarrassed - I invited Jennifer here, I fixed up her signature, and I'm sure she was not expecting pit bulls and other attack animals. Neither was I, or I would have warned her..
Last time I read anything about Texas SOL/cause of action, a payment or a written promise to pay tolled the SOL. Now, how do you "toll" it by making a payment? What amount of time will they deduct or add?.. |
|
Well if we took what you are saying above then.
NO ATTORNEY. On this board could help, because they would have to take the time to look up the laws for that individual poster before replying. I. HIGHLY. Doubt any of us do this THAT often. And as far as. "requiring the non-attorney reader to know about the loophole for that state in the first place". That is what. SELF HELP. Is! If the OP or the one who is in the mess does not want to do the leg work then why should any poster let alone an attorney for that matter do it?. I am NOT an attorney and I KNOW IT.. [/quote]. I apologize if it seems I was asking anyone to go do the research for me, re: my state's SOL. I did write: "I'm trying to find out specifics on SOL law in both states, and whether it re-starts if you make a payment, etc.". I meant that *I* was currently doing some research to find this out, not that I was asking the good folk on here to do my legwork. So, again, apologies for not making that more clear.. I have found out that Montana has a reaging of SOL by payment. Because I entered into payment arrangements early on with all these CAs, I'm not looking at SOL as a way out. I would really like to settle the rest of the debts. I've actually paid off much of this debt off over the last ten years, even though the payments were quite small every month. Almost every CA that has ever contacted me has offered some kind of settlement offer, but at the time I couldn't even afford those 30 or 40 or 50%-off deals. Now I can, and I'd like to initiate settlement offers. DragonFlyer. I included not only the account number, but the original Discover card number and creditor, and a list of all other CAs that had ever serviced the account, plus very detailed billing and payment dates going back ten or so years. I've kept very thorough records. I wouldn't be surprised if one CA didn't get back to me, but for none of the four to bite...?. V... |
|
Viv, no need to apologize, hon - this is not your fault. We owe you an apology. Sorry your thread got hijacked..
State SOL info here:. Http://whychat.5u.co...tes/states.html. Links to Montana code. Http://creditboards....showtopic=18135.. |
|
Linx.... Your GEORGE button is on..
OP. Find a consumer attorney who takes cases on contingency and see if they will (they most likely do) give you a free consultation. Slide in a question about if payment restarts the SOL in your state... |
|
Good advice, Bobby. I recommend that to Viv too!.
Also, shop around and get more than one attorney to consult...you'd be surprised how much it will make a difference to get more than one perspective and opinion based on YOUR state laws.... and proof of their level of experience in consumer law. You can get a feel for those who know what they are talking about and those who play one on TV. LOL. This post has been edited by. DragonFlyer. : 08 January 2010 - 10:14 PM.. |
|
Example: (not that your going for an attorney to pursue FDCPA violations, just showing you the difference).
1. My first attorney = fired because he was too busy and had no staff to return my phone calls.. 2. My second attorney = Fired because his roar turned into a meek squeak after I signed the agreement papers. He felt my cases were "ok" at the time but would never be enough to win in court or get the CA's to settle.. 3. My third attorney = AWESOME! 5 weeks after I gave him all my evidence and signed the agreement, I had my first settlement check (full stat. +). That check was from what my 2nd attorney said was the weakest case.. You would still want to talk to as many as you could, and go with the answer you receive the most. We know you want to settle with the CA's, thats fantastic, we just want to make sure you do it right. Maybe they didnt respond because the guy they keep tied up out front to sign for mail ate your letter, you never know with these people.. CYA............. |
|
One more helpful link:.
Http://naca.net/. That's a list of attorneys through the National Association of Consumer Advocates.. With what you've paid out so far, it's likely the CA's have violated in the course of collecting those amounts. BUT...I know the goal for you is to make it finally END and be done. The link above will give you some experts who can also guide you on the best way to make the process end.. Here's my experience...I've got quite a few PAID IN FULL accounts that every so often show up as unpaid through a CA. In order to make the process STOP, do I pay MORE or do I consult an attorney? I consult an NACA attorney, of course!.. |
|
Hearty thanks to Dragonflyer, Bobbydebt, breeze and.
Every. Body on these boards. Great info and I'm going to follow up on the suggestions. CYA is a beautiful philosophy!.. |
|
LMAO.
OP if you have a hard time finding an attorney on NACA.net (which can happen) contact Bud Hibbs at www.budhibbs.com. Give him a call he can refer you to someone good... |
|
Thanks for the recommendation, Linx I was wondering whether BudHibbs was a good site to check out. You read my mind!..
|
|
Yes he has all kinds of info on CA's and the like. And you can always call his office for an atty referral...
|
