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OT legal experts...Settle a debate

Posted on 6/7/16 at 10:31 am
Posted by Schmelly
Member since Jan 2014
14469 posts
Posted on 6/7/16 at 10:31 am
Can a credit card company successfully sue you in civil court for unpaid balance? Or sell the debt to a collector & they sue? 2 buddies arguing over the shite & I'm trying to get them to STFU. Lol
This post was edited on 6/7/16 at 10:32 am
Posted by theronswanson
House built with my hands
Member since Feb 2012
2976 posts
Posted on 6/7/16 at 10:33 am to
quote:

Can a credit card company successfully sue you in civil court for unpaid balance?


Yes.


quote:

Or sell the debt to a collector & they sue?


Yes.


This post was edited on 6/7/16 at 10:35 am
Posted by AbitaFan08
Boston, MA
Member since Apr 2008
26561 posts
Posted on 6/7/16 at 10:34 am to
Yes.

/thread
Posted by LOL
Member since Jun 2015
401 posts
Posted on 6/7/16 at 10:34 am to
a good lawyer can sue for anything
Posted by Schmelly
Member since Jan 2014
14469 posts
Posted on 6/7/16 at 10:34 am to
That's what I thought. Thanks
Posted by Schmelly
Member since Jan 2014
14469 posts
Posted on 6/7/16 at 10:35 am to
That's why I added successfully
Posted by Boudreaux35
BR
Member since Sep 2007
21449 posts
Posted on 6/7/16 at 10:35 am to
To the second question, yes. I speak from experience (years ago).
Posted by Royal
God's Country
Member since Apr 2009
1003 posts
Posted on 6/7/16 at 10:36 am to
Yes and yes. Whichever of your "friends" is arguing otherwise is probably a democrat.
Posted by 12Pence
Member since Jan 2013
6344 posts
Posted on 6/7/16 at 10:37 am to
Absolutely.
Posted by Pahnew
Member since Apr 2008
5372 posts
Posted on 6/7/16 at 10:38 am to
Just tell them to pay there bills and this wouldn't be an issue
Posted by lsufan1971
Zachary
Member since Nov 2003
18245 posts
Posted on 6/7/16 at 10:46 am to
In LA they have 3 yrs to bring a suit for defaulting on unsecured credit debt. Its 10 yrs for secured debt. The time frame differs in every state.
Posted by Schmelly
Member since Jan 2014
14469 posts
Posted on 6/7/16 at 10:51 am to
quote:

In LA they have 3 yrs to bring a suit for defaulting on unsecured credit debt. Its 10 yrs for secured debt. The time frame differs in every state.



Lol, that's what the argument has shifted to now. What if the debt is old but was recently bought. He swears it's a hypothetical but there's way too many specifics in here
This post was edited on 6/7/16 at 10:51 am
Posted by Sidicous
Middle of Nowhere
Member since Aug 2015
17160 posts
Posted on 6/7/16 at 12:52 pm to
There is an active and lucrative secondary debt market. All kinds of debts are bought, sold, transferred all legal and various terms and methods are used. Allonge, assignment are some easily googled ones.

Used to be able to buy charged off credit cards at around 3.5 cents/dollar, pretty easy to turn a profit operating from kitchen table collecting those.

Worked for a guy in the 90's that did that buying RTC paper from the S&L closures. He was at one time 2nd behind only Bill Gates in America for wealth. Then the greed kicked in, started cooking the books with help of former Fed Bank Examiner. Set up a scheme selling bonds with the bad debt as collateral, called a Securitization or Securitized Bonds. Remember that for when you get some investment money. Securitized means debt is collateral for debt. A very real weakness for collateral (what part of Bad in debt makes for a Good collateral?)They ended up having at least 1 shell corporation issuing bad checks to buy portfolio's so they could then resell same debts repackaged as new bonds. Got really hairy and juries won't convict what they can't understand so he was acquitted. His childhood buddy spent 3 years in Club Fed on a plea deal though as a Sr. VP of the private corporation. The former fed bank examiner pulled ripcord on golden parachute left with $3.5 million and the hard drives for Florida (hard drives never found again, probably at bottom of a sinkhole).
Posted by biglego
Ask your mom where I been
Member since Nov 2007
76290 posts
Posted on 6/7/16 at 12:54 pm to
Why in the world would a creditor not be able to sue a debtor for failure to pay?
Posted by Rouge
Floston Paradise
Member since Oct 2004
136810 posts
Posted on 6/7/16 at 12:58 pm to
quote:


There is an active and lucrative secondary debt market. All kinds of debts are bought, sold, transferred all legal and various terms and methods are used.
google John Oliver Last Week Tonight debt

Good show on it

His show purchased $15MM of medical debt for $60k and forgave all the debt.
Posted by soccerfüt
Location: A Series of Tubes
Member since May 2013
65665 posts
Posted on 6/7/16 at 1:02 pm to
quote:

Just tell them to pay there bills and this wouldn't be an issue
Their, they're know.
Posted by USMCTiger03
Member since Sep 2007
71176 posts
Posted on 6/7/16 at 1:06 pm to
quote:

Lol, that's what the argument has shifted to now. What if the debt is old but was recently bought. He swears it's a hypothetical but there's way too many specifics in here

If the debt has prescribed then it's a bit more complicated. In that case it's not legally owed but they can still bother you about it. They could still sue you over it (but lose) but most will not if its prescribed on its face. The date it first became delinquent starts the prescription (Louisiana, Statute of Limitations everywhere else). If the debt is acknowledged it restarts the clock. The date the creditor sold it to collections means nothing.
Posted by The Mick
Member since Oct 2010
43103 posts
Posted on 6/7/16 at 1:09 pm to
Of course they can. Is this serious?
Posted by Aux Arc
SW Missouri
Member since Oct 2011
2184 posts
Posted on 6/7/16 at 1:13 pm to
The answer is maybe. Most credit card companies and debt buyers keep really shitty records, and rarely do they have a signed cardholder agreement to present in court. If the defendant doesn't show up to court and sends a lawyer to trial for them, there is a good chance the credit card company/ debt buyer will not be able to prove their case. In this area I would say about 80% of claims under $10,000 go in favor of a debtor if he is represented by competent counsel.
Posted by Cold Cous Cous
Bucktown, La.
Member since Oct 2003
15045 posts
Posted on 6/7/16 at 1:17 pm to
quote:

google John Oliver Last Week Tonight debt

Good show on it

His show purchased $15MM of medical debt for $60k and forgave all the debt.

The odds are that most - meaning like 90% - of that debt was legally uncollectable anyway. The whole system is built on toothpicks, and some of the tactics these secondary debt companies use is eye-opening.

ETA: "rarely do they have a signed cardholder agreement to present in court." This is exactly what I mean. There are cases where the defendant shows up and says, "ok, I'll pay if you show me a signed contract" and they've got no response. In some of these cases all they buy is a list of names, phone numbers, and dollar figures - nothing else.

Of course there are legitimate debt collectors too but as a general rule the farther removed they are from the original debt, the shadier it becomes.
This post was edited on 6/7/16 at 1:21 pm
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