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OT legal experts...Settle a debate
Posted on 6/7/16 at 10:31 am
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 on 6/7/16 at 10:33 am to Schmelly
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 on 6/7/16 at 10:34 am to Schmelly
a good lawyer can sue for anything
Posted on 6/7/16 at 10:34 am to AbitaFan08
That's what I thought. Thanks
Posted on 6/7/16 at 10:35 am to Schmelly
To the second question, yes. I speak from experience (years ago).
Posted on 6/7/16 at 10:36 am to Schmelly
Yes and yes. Whichever of your "friends" is arguing otherwise is probably a democrat.
Posted on 6/7/16 at 10:38 am to Schmelly
Just tell them to pay there bills and this wouldn't be an issue
Posted on 6/7/16 at 10:46 am to Schmelly
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 on 6/7/16 at 10:51 am to lsufan1971
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 on 6/7/16 at 12:52 pm to Schmelly
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).
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 on 6/7/16 at 12:54 pm to Schmelly
Why in the world would a creditor not be able to sue a debtor for failure to pay?
Posted on 6/7/16 at 12:58 pm to Sidicous
quote:google John Oliver Last Week Tonight debt
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.
Good show on it
His show purchased $15MM of medical debt for $60k and forgave all the debt.
Posted on 6/7/16 at 1:02 pm to Pahnew
quote:Their, they're know.
Just tell them to pay there bills and this wouldn't be an issue
Posted on 6/7/16 at 1:06 pm to Schmelly
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 on 6/7/16 at 1:09 pm to Schmelly
Of course they can. Is this serious?
Posted on 6/7/16 at 1:13 pm to Schmelly
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 on 6/7/16 at 1:17 pm to Rouge
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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