Debt Help Services

Archive for the ‘Debt Collection’ Category

Question: I sold a company in 2002 and told the vendor to change all accounts over to the new owners.?

In 2007, one of the vendors contacted me via their attorney that a debt to my old company name had gone unpaid and because I had signed a guaratee on the account in 1995 I was liable. I sent them documents showing the bill of sale, assumed name certificates of the new owners, a copy of the letter closing my account. I also requested the guarantee that I signed as well as their unpaid invoices, and other documents where they had sold equipment to the new owner (without my signature). Several months went by and they sent me nothing and filed a lawsuit against me in their home county 125 miles away. The debt is $4000 and any lawyer I spoke to said his fee would far exceed that amount to defend it. I believe this is their game, hope I will pay it rather than fight. If anyone knows business credit collection laws in Texas please advise me as to what sections of the statutes they are violating. I intend to defend myself in the courtroom and need all the help I can get.
Thanks

Answer: Do you have proof you told them to close the account? That should absolve you of any liability for the charges. Show up in court with those and you should be good.

Your problem? If you don’t have some sort of receipt or acknowledgment, they can always claim they didn’t receive the letter closing the account. In that case you might need all the paperwork you can muster, proof of the sale, perhaps other letters to other vendors WITH acknowledgment, anything at all that establishes that you were no longer involved with the company beyond 2002.

Service Corporation International Announces Second Quarter 2010 Financial Results and Increases Cash Flow Outlook for …

Service Corporation International , the largest provider of deathcare products and services in North America, today reported results for the second quarter 2010. Â Our unaudited condensed consolidated financial statements can be found at the end of this press release. Â The table below summarizes our key financial results:

Bad Business = Good Business For Debt Collectors

Firefighters Criticize Comptroller’s Report

Erie County Comptroller Mark Poloncarz’s report on the costs of fire protection in the county, released in mid-June, was met with vocal criticism from many firefighters from around the area. Last week, firefighters had the opportunity to hear directly from Poloncarz at a meeting in Elma, and to share their own criticism, questions and concerns about the report.

EEP100 – Lecture 25

Question: Do I need to sign my letter of dispute to the debt collection agency?

I found several sample letter to dispute an alleged debt by a collection agency. However, I found one sample that advised not to sign the letter; it says that a collection agency may forge your signature on other documents that I have never seen. Now I am afraid to sign but, if I don’t will the letter still be valid?

Answer: NEVER sign a DV letter to a Collection Agency!!! (Debt Validation)

You do want to send the letter CMRRR (certified mail, return receipt requested)

Keep a copy of the letter for your records & all receipts from the Post Office regarding this, including green signature card when it is returned.

Reminder Debt Collection Letter

Question: What happens if you send a scavenger debt collector money?

I know it’s a huge mistake, but my boyfriend… in a not-so-smart move, sent a scavenger debt person $200 because he got scared when he read the word “sue” in the stupid letter. Instead of consulting anyone about it, he sent the money and they cashed the check. He’s talking to a lawyer next week, but what happens if you send them money? Does it reactivate anything? Do these firms have the ability to report to credit bureaus? This was regarding a debt he owed back in 1997 in California. We live in Iowa now.

Remember this is not a collections agency. It is a law firm that buys debt from CAs.
My main concern is can companies like this (who are NOT collections agencies or creditors) report to credit bureaus? He has worked so hard to repair his credit.

Answer: The Statutes for Iowa are as follows:
Open account: 5 years from last charge, payment, or admission of debt in writing.

So in effect, he has restarted the time clock on this debt. He could have just thrown it away as they had no legal recourse and could not have sued him.
Was this payment a settlement payment or just a single payment to hold them off. No matter what, they can now take civil action in court to collect the full amount including legal fees.

HOWEVER, this will not reset the SOL for reporting on his credit report as per:
Running of Reporting Period – Section 605 [15 U.S.C. § 1681c]
As of December 29, 1997 the reporting period runs 7 ½ years (7 years plus 180 days) from the date (month and year) of the last delinquency (known as “last missed payment:).
So, regardless of how long a creditor waits to charge off, sell or transfer a debt, they must report the true and correct “delinquent or last missed payment” date (month and year) that preceded the creditor’s action.

Use the following link to see if the so called Law Firm is truly legit, many debt collectors use bogus letterheads or pay a lawyer for the use of his letterhead. If it is a bogus letter, then you have rights under the FDCPA regarding misleading collection attempts.

http://www.budhibbs.com/drowning_in_debt.htm

At least he got smart enough to consult a lawyer on this one.

Hope this answers your question.

Admiral Move Prep.avi

(Con)census building? Tory decision sparks anger, study

Bank of Canada to evaluate impact. Plus, how Europe’s crisis will affect Canda

How to Deal with Collection Agencies in Alberta