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Old 12-30-2010, 07:11 PM
 
Location: Oz
91 posts, read 193,013 times
Reputation: 82

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I received a call today from lets call them AJ's attorney who apparently is going to do me a big favor by reducing a debt from $16k to 2k from 4yrs ago.
After the so-called paralegal got a lil cocky cause I stopped confirming his information with yeas/nays and refused to give up any my own, he asked if I wanted to speak to the attorney, in which I promptly said yes.

MR. Days gets on the phone, and you are the attorney for ? OH no I'm the mrg. I'm just trying to smooth this over so it doesn't go to court... blah, blah, blah, if we could work it out before year end close "tomorrow" we can do 1k, what'ca think..
Tell you what I'll give you a call.
Look I'm on disability due to job accident and using all my resources to survive and invest to hopefully get back in a productive part of society.

My question is give these creditmarketers 6.2% and hope they wipe out the trw or go with the gut that their just trying to get blood outta a stone.
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Old 12-31-2010, 01:42 AM
 
Location: Tampa (by way of Omaha)
14,583 posts, read 23,151,273 times
Reputation: 10365
Quote:
Originally Posted by rjb111 View Post
I received a call today from lets call them AJ's attorney who apparently is going to do me a big favor by reducing a debt from $16k to 2k from 4yrs ago.
After the so-called paralegal got a lil cocky cause I stopped confirming his information with yeas/nays and refused to give up any my own, he asked if I wanted to speak to the attorney, in which I promptly said yes.

MR. Days gets on the phone, and you are the attorney for ? OH no I'm the mrg. I'm just trying to smooth this over so it doesn't go to court... blah, blah, blah, if we could work it out before year end close "tomorrow" we can do 1k, what'ca think..
Tell you what I'll give you a call.
Look I'm on disability due to job accident and using all my resources to survive and invest to hopefully get back in a productive part of society.

My question is give these creditmarketers 6.2% and hope they wipe out the trw or go with the gut that their just trying to get blood outta a stone.
What type of debt (no need to get specific with the who the creditor is) is this and what state do you live in? Depending on your answers, there are a couple ways to go about dealing with this.
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Old 12-31-2010, 06:58 AM
 
4,246 posts, read 12,055,760 times
Reputation: 3150
If they offer you anything and you want to go with it GET IT IN WRITING!!!!!!!!!!!! If you just agree over the phone and give them your banking info you best believe that you're paying the full amount or close to it in the near future.
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Old 12-31-2010, 09:25 AM
 
Location: Oz
91 posts, read 193,013 times
Reputation: 82
Quote:
Originally Posted by Bosco55David View Post
What type of debt (no need to get specific with the who the creditor is) is this and what state do you live in? Depending on your answers, there are a couple ways to go about dealing with this.
CC, I believe, hospital and doctor bills took and still are the priority.

Quote:
Originally Posted by danieloneil01 View Post
If they offer you anything and you want to go with it GET IT IN WRITING!!!!!!!!!!!! If you just agree over the phone and give them your banking info you best believe that you're paying the full amount or close to it in the near future.
Kinda what I figured, didn't get into the details with him, but that can't possibly be done by today, no fax or transportation to what I'm sure is an out of state office...
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Old 12-31-2010, 02:02 PM
 
Location: Tampa (by way of Omaha)
14,583 posts, read 23,151,273 times
Reputation: 10365
What state do you live in? With this debt being 4 years old it's possible that the statute of limitations has passed and they're just trying to get anything for this debt.
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Old 12-31-2010, 03:23 PM
 
Location: Oz
91 posts, read 193,013 times
Reputation: 82
Quote:
Originally Posted by Bosco55David View Post
What state do you live in? With this debt being 4 years old it's possible that the statute of limitations has passed and they're just trying to get anything for this debt.
Don't like to throw down to much personal info here, I looked it up, both states have a six year written limitation and if they closed it when I stopped paying on it in 2005 when I had my accident I'd be there, but they kept it
open till 4/2007 accruing penalties, wasn't that nice of them, couldn't understand where there 16k figure came from..
Tks for the input...

Last edited by rjb111; 12-31-2010 at 03:53 PM..
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Old 12-31-2010, 04:01 PM
 
Location: Tampa (by way of Omaha)
14,583 posts, read 23,151,273 times
Reputation: 10365
Quote:
Originally Posted by rjb111 View Post
Wrote it off while living in GA., now reside in NJ and wasn't able to pay on it since mid "05" since that was the time of my accident, but they kept it open till 4/2007 accruing penalties, wasn't that nice of them, couldn't understand where there 16k figure came from..
Georgia is a little complicated. The SOL is generally considered 4 years, but a case in the Court Appeals found a 6 year SOL. You can still argue the 4 year, but you'd have that case law working against you. New Jersey is disputed as to whether it's a 3 or a 6 year SOL, but they have case law that would make it easy to apply the Georgia law, much like a borrowing statute.

If this card was issued by Capital One or MBNA though, you're in luck. They have choice of law provisions in their contract for Virginia and Delaware respectively, and both states have a 3 year SOL.
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Old 12-31-2010, 04:13 PM
 
Location: Tampa (by way of Omaha)
14,583 posts, read 23,151,273 times
Reputation: 10365
Quote:
Originally Posted by rjb111 View Post
Don't like to throw down to much personal info here, I looked it up, both states have a six year written limitation and if they closed it when I stopped paying on it in 2005 when I had my accident I'd be there, but they kept it
open till 4/2007 accruing penalties, wasn't that nice of them, couldn't understand where there 16k figure came from..
Tks for the input...

The Truth in Lending Act states that credit cards are open accounts unless state law says otherwise. That's where alot of the confusion comes from regarding the SOL. It's a very complicated and very disputed issue in most states, unfortunately.

Do you remember what month in 2005 you made your LAST payment on the card?
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Old 12-31-2010, 04:47 PM
 
Location: Oz
91 posts, read 193,013 times
Reputation: 82
Ah ha, very interesting it happens to be bac, ok then it makes sense why I haven't heard from them after asking for an e-mailed outlining the expurgation, another rep got on the phone tried to bump me to 10%, I promptly told him our business was concluded and hung up...

Couldn't pin point it 6-7/2005
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Old 12-31-2010, 05:02 PM
 
Location: Tampa (by way of Omaha)
14,583 posts, read 23,151,273 times
Reputation: 10365
Quote:
Originally Posted by rjb111 View Post
Ah ha, very interesting it happens to be bac, ok then it makes sense why I haven't heard from them after asking for an e-mailed outlining the expurgation, another rep got on the phone tried to bump me to 10%, I promptly told him our business was concluded and hung up...

Couldn't pin point it 6-7/2005
It was a Bank of America card? You may still have the Deleware Choice of Law provision then. Also, both NJ and GA are "cause of action" states, meaning the SOL begins on the date of first delinquency resulting in the charge off. The fact that they kept the card open until 2007 has no effect on the SOL in cause of action states.
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