[jlk1331]

I'm 41 years old. When I was about 22 in 1986 I bought a car from a dishonest salesman. When I realised my mistake I refused to pay another dime on the payments and purposely allowed the car to be reposessed. This debt was on my credit report for 10 years. After silence for approx 20 years I get a call from a debt collector for 5,000 dollars (the balance after sale of the car). My question is: Is this considered a new debt? Can this affect my credit for a second time? Is there time limitations on old debt? What are my options? Please help me..!

[RickJ]

The answer lies in the Fair Credit Reporting Act

Generally speaking the 7 or 10 year rule applies to "after the date of the last activity".

As to whether transferring the account to a third party is "activity" or not is quite debatable.

Start here:

1. Dispute the bill IN WRITING with the collection agency.
2. Get a copy of your credit report from all three reporters (TransUnion, Equifax and Experian) to see if it is there.
3. If it is, contact each one and dispute it as being too old.

(#1 and #3 are remedies explained in the Fair Credit Reporting Act)

[mr.yet]

I'm 41 years old. When I was about 22 in 1986 I bought a car from a dishonest salesman. When I realised my mistake I refused to pay another dime on the payments and purposely allowed the car to be reposessed. This debt was on my credit report for 10 years. After silence for approx 20 years I get a call from a debt collector for 5,000 dollars (the balance after sale of the car). My question is: Is this considered a new debt? Can this affect my credit for a second time? Is there time limitations on old debt? What are my options? Please help me..........!!

IMPORTANT!! Do not speak to them on the phone, everything is writing only..


I hereby demand that the verification of this alleged account. Provide the original contract certified with all the proper signatures of the alleged debtor.

This is my request for verification of this alleged account.

Black’s Law Dictionary defines “Verification” as follows:

“Confirmation of correctness, truth, or authenticity, by affidavit, oath or deposition. Affidavit of truth of matter stated and object of verification is to assure good faith in averments or statements of party. . .” (emphasis added)

1. furnish a copy of the original contract, and state under penalty of perjury that your client is the bona fide party in interest of the contract and will produce the original for my own and a judge's inspection should there be a trial to contest these matters

2.- produce the account and general ledger statement showing the full accounting of the alleged obligation that you are now attempting to collect

3.- identify by name and address all persons, corporations associations or any other parties having an interest in legal proceedings regarding the alleged debt

4.- Verify, under penalty of perjury, that as a debt collector, you have not purchased evidence of debt and are proceeding with collection activities in the name of the original contracting party

5.- verify under penalty of perjury that you know and understand that certain clauses in a contract of adhesion are unenforceable unless the party to whom the contract is extended could have rejected the clause without impunity

6.- provide verification from the stated creditor that you are authorized to act for them.

7.- verify that you know and understand that contacting me again after receipt of this notice without providing procedurally proper validation of the alleged debt constitutes the use of interstate communications in a scheme of fraud by advancing a writing that you know is false with the intention that others rely on the written communication to the detriment of Your Name here

8.Is this alleged debt beyond the Statute of Limitations (y/n)


§ 809. Validation of debts [15 USC 1692g]

a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor


If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

As, stated the alleged account listed above is in dispute and any information obtained will be used to enforce the:

§ 813. Civil liability [15 USC 1692k]

a) Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this title with respect to any person is liable to such person in an amount equal to the sum of --
(1) any actual damage sustained by such person as a result of such failure;
(2) (A) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding $1,000; or
(B) in the case of a class action, (I) such amount for each named plaintiff as could be recovered under subparagraph (A), and (ii) such amount as the court may allow for all other class members, without regard to a minimum individual recovery, not to exceed the lesser of $500,000 or 1 per centum of the net worth of the debt collector; and
(3) in the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorney's fee as determined by the court. On a finding by the court that an action under this section was brought in bad faith and for the purpose of harassment, the court may award to the defendant attorney's fees reasonable in relation to the work expended and costs.


This letter is to obtain verification of the alleged debt, If you do not notify me with verification within 30 days of this letter, as to the validity of the alleged debt, I, hereby consider and noted that the alleged debt is Fraudulent and void. “Qui jure suo utitur, nemini facit injuries”


This Affidavit and all attached documents have been made a part of the Public Record and will be used for evidence in administrative and judicial proceeding at law, or equity regarding this case. All of these documents must be maintained in Claimant’s administrative file.



I affirm under the penalty of perjury under the laws of the united state of America that the foregoing is true and correct to the best of my belief and informed knowledge, And Further deponent said not.


All reserved explicitly without reservation or prejudice UCC 1-103, 1-105 and 1-308

__________________________________________________ ____
Citizen Principal, By Special Appearance, Propia Persona proceeding Sui Juris.

[CHAYOTE23]

:mad: You have the right to request documentation from the collection agency and I would write a letter to all the three Creditors (TransUnion, Eqiufax and Experian ) and dispute the account and if the three Creditors response stating that the account has been verified. Continue to dispute the account and write a letter to the Federal Trade Comi, Better Business Bur. ACLU. Collections Associate of MN ETC, and donot speak with the colletion agency. Only communicate through US MAIL

[fredg]

Hi,
Getting your name cleared and NOT having a bad credit rating is really important.
If you can, please talk with a lawyer, one who has experience with debt. Ask the cost, and ask him/her the questions. They will know how to handle it, and although it will cost to do it, get it done right the first time, and be through with it.
I do wish you the best of luck.

[zopko]

I'm 41 years old. When I was about 22 in 1986 I bought a car from a dishonest salesman. When I realised my mistake I refused to pay another dime on the payments and purposely allowed the car to be reposessed. This debt was on my credit report for 10 years. After silence for approx 20 years I get a call from a debt collector for 5,000 dollars (the balance after sale of the car). My question is: Is this considered a new debt? Can this affect my credit for a second time? Is there time limitations on old debt? What are my options? Please help me..........!!

Your Name
123 Your Street Address
Your City, ST 01234

ABC Collections
123 NotOnYourLife Ave
Chicago, IL

Date

Re: Acct # XXXX-XXXX-XXXX-XXXX

To Whom It May Concern:

This letter is being sent to you in response to a notice sent to me on September 30, 2002). Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.

This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.

Please provide me with the following:

 What the money you say I owe is for;
 Explain and show me how you calculated what you say I owe;
 Provide me with copies of any papers that show I agreed to pay what you say I owe;
 Provide a verification or copy of any judgment if applicable;
 Identify the original creditor;
 Prove the Statute of Limitations has not expired on this account
 Show me that you are licensed to collect in my state
 Provide me with your license numbers and Registered Agent

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau’s (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:

 Violation of the Fair Credit Reporting Act
 Violation of the Fair Debt Collection Practices Act
 Defamation of Character
 If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.

It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records, any information obtained shall be used for that purpose.

Best Regards,

Your Signature
Your Name

[Leatha Manning]

The Fair Credit Reporting Act, as amended in 2003, allows for credit information, negative or positive, to be reported for 7 years from the date of last payment activity. Most states have a statute of limitations requirement, but for the most part, the 7 year rule prevails. In addition, any collection agency or company that buys this debt from the original creditor must adhere to the dates that exist with the debt. Under no circumstances does a “new” clock start ticking because someone “new” bought the debt. When the 7 years expires, the right to collect the debt expires with it. Of course collection companies will cheat (they can pretty much cheat with impunity), so it is up to you to “challenge/dispute” the information. The exception to the 7 year reporting/collecting window is bankruptcies. Bankruptcies can be reported up to 10 years. Student Loans (or other government debts) can only be reported for 7 years but can be collected into perpetuity.

Hope this helps.

By the way, the link to the Fair Credit Reporting Act as amended in 2003 is as follows:

http://www.ftc.gov/os/statutes/031224fcra.pdf

Best regards,

Leatha Manning

[pabloownzu]

I'm 41 years old. When I was about 22 in 1986 I bought a car from a dishonest salesman. When I realised my mistake I refused to pay another dime on the payments and purposely allowed the car to be reposessed. This debt was on my credit report for 10 years. After silence for approx 20 years I get a call from a debt collector for 5,000 dollars (the balance after sale of the car). My question is: Is this considered a new debt? Can this affect my credit for a second time? Is there time limitations on old debt? What are my options? Please help me..........!!

Thi is known as zombie debt Google it there is a bunch of stuff about it online and from what I can tell it is fixable

[daguilar]

In relation to debt what is the 12 year rule

[daguilar]

What is 12 year rule