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Started By
Message
re: Need help resolving fiance's credit card debt issue(seeking collection)
Posted on 6/12/13 at 1:45 pm to ThaBigFella
Posted on 6/12/13 at 1:45 pm to ThaBigFella
quote:
I talked with the guy on the phone and in a minute he offered to settle for $2300
This is because:
quote:
This card doesn't even appear on her credit report
And
quote:
she stopped paying in 2006
Basically, a bad debt buyer has purchased the debt and they know it will be difficult to compel your fiancé to pay. They purchased the debt for a fraction if the $3500 so $2300 would be a huge win for that collector.
Now, they can still sue her. The likelihood of this will be based on the balance (they will TRY to sue for the $15K), the age relative to the applicable statute of limitations, and whether they believe your fiancé has the ability to satisfy a judgement (income, liquid assets, etc).
Here's what you should do.
1.) request a validation letter. This will serve as proof that they own the debt and buy you some time.
2.) find out what the applicable statute of limitations is. This will be based on the state that she lived in when the card was opened. If it is outside of the SOL, they have nothing with which to compel you to pay. They can still call/mail letters until you give them a cease and desist letter.
If you want to negotiate with them, this will give you a basis on which to do so. If you settle with them, make sure you keep a copy of the check and get a letter from the stating the debt as been settled. This, along with your validation letter will be helpful if they "accidentally" sell the settled debt to another entity.
Good luck.
Posted on 6/12/13 at 1:48 pm to ZereauxSum
quote:
2.) find out what the applicable statute of limitations is. This will be based on the state that she lived in when the card was opened. If it is outside of the SOL, they have nothing with which to compel you to pay. They can still call/mail letters until you give them a cease and desist letter.
In LA its 3 years. Also, being sued on this could be a violation as well, since under the FDCPA you cannot sue on a debt that has passed its statute of limitations. WHAT WHAT
Posted on 6/12/13 at 1:50 pm to ZereauxSum
If she hasn't paid on the debt in over 3 years, and hasn't otherwise acknowledge the debt in over 3 years, it is prescribed if you are in Louisiana.
I'd want a copy of the 'summons.' I would be interested in what they are summoning her for.
I'd probably look into filing a FDCPA claim against them if the debt is prescribed. Let me know if you want, I've got a good friend who is an expert at them in BR.
I'd want a copy of the 'summons.' I would be interested in what they are summoning her for.
I'd probably look into filing a FDCPA claim against them if the debt is prescribed. Let me know if you want, I've got a good friend who is an expert at them in BR.
Posted on 6/12/13 at 7:19 pm to ZereauxSum
quote:
Basically, a bad debt buyer has purchased the debt and they know it will be difficult to compel your fiancé to pay. They purchased the debt for a fraction if the $3500 so $2300 would be a huge win for that collector.
frick those people, don't pay them a thing. I had a neighbor who owed a bunch of money and they would call me 2-3 times a day and ask me to pass him a message. They were trying to shame him into paying and harassing me in the process.
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