Search found 17 matches

by E. Normis Debtor
Mon Apr 03, 2006 5:28 pm
Forum: General Discussion
Topic: How many years does somthing stay on credit ?
Replies: 5
Views: 8227

[quote:e231373d44="HelpMe2006"][quote:e231373d44="LadynRed"]Judgments can stay for 7 years OR until the statute of limitaions on the judgment itself runs out - so that CAN be a very long time in some states. :?: From the FCRA: § 605(a)(2)......judgments, and records of arrest that from date of entry...
by E. Normis Debtor
Mon Apr 03, 2006 4:31 pm
Forum: General Discussion
Topic: How many years does somthing stay on credit ?
Replies: 5
Views: 8227

Assuming your inquiry is about typical credit card account or similar loan, and not a tax lien, judgment, etc. The 7 year reporting period begins on the date the account first became delinquent, was never brought current, and that delinquency led to collection activity or charge off. Nothing, includ...
by E. Normis Debtor
Mon Apr 03, 2006 4:04 pm
Forum: General Discussion
Topic: Collection account reporting as "open" & "
Replies: 3
Views: 5146

Open can be a type of account. The "status" with a CA can never be open. Once the OC decided to close or assign the account, it is no longer an open account. An open account......is a written account concerning a related series of debit and credit entries of reciprocal charges and allowances kept op...
by E. Normis Debtor
Mon Apr 03, 2006 8:36 am
Forum: Current Cases
Topic: Leaving a voice message
Replies: 0
Views: 6537

Leaving a voice message

Though this is only a motion ruling, if this plays out, it could provide some interesting 3rd party disclosure implications for CA's leaving a voice message.

http://www.geocities.com/e_normis_debtor/NCO.pdf
by E. Normis Debtor
Sat Apr 01, 2006 3:12 pm
Forum: General Discussion
Topic: Debt validation/verification from a CA....
Replies: 8
Views: 11666

David, thank you for the notations. The following one seems to best summarize your opinion: [[Szwak NOTE - Here again, the court's reading of the FDCPA would preclude ID Theft victims and others abused by collectors to fall outside the protections unless they really owed the debt . That is too restr...
by E. Normis Debtor
Sat Apr 01, 2006 7:51 am
Forum: General Discussion
Topic: Small Claims
Replies: 4
Views: 5176

Even though a states law may allow for summary judgment, preclusions can apply. For example, in Oklahoma, Rule 13 of the Rules for District Courts specifically allow for summary judgment at anytime. However, in Patterson v. Beall (2000 OK 92, 19 P.3d 839) the Oklahoma Supreme Court ruled that allowi...
by E. Normis Debtor
Sat Apr 01, 2006 7:10 am
Forum: General Discussion
Topic: Debt validation/verification from a CA....
Replies: 8
Views: 11666

Key to the applicability of the FDCPA is the existance of an obligation, alleged or otherwise. That was the finding of the U.S. Court of Appeals for the First Circuit ruling on an FDCPA claim in [url=http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=02-1198OPN.01A] Arruda v. Sears [/url].
by E. Normis Debtor
Fri Mar 31, 2006 3:49 pm
Forum: General Discussion
Topic: Debt validation/verification from a CA....
Replies: 8
Views: 11666

The OC can claim anything they want, but they can't enforce an obligation that was discharged in BK. But that has nothing to do with the CA who isn't claiming anything.
by E. Normis Debtor
Fri Mar 31, 2006 3:11 pm
Forum: General Discussion
Topic: Debt validation/verification from a CA....
Replies: 8
Views: 11666

Once the obligation was discharged in BK the CA is no longer subject to the FDCPA in regards to it unless they allege you still owe a balance. A request to them for verification is meaningless and would be ignored.
by E. Normis Debtor
Fri Mar 31, 2006 10:26 am
Forum: General Discussion
Topic: FDCPA violations time limit
Replies: 8
Views: 7797

It doesn't change the facts of anything, it only means they have an affirmative defense if you were to sue them for that particular violation.
by E. Normis Debtor
Thu Mar 30, 2006 4:32 pm
Forum: General Discussion
Topic: Debt collector confusion
Replies: 1
Views: 3804

If the account is truly paid in full as you state, and you have documentation to prove that, the attorney has committed numerous FDCPA violations, barring bona fide error. If you find they have not reported the tradeline, as they claim to have, that's an additional violation. NCO's deleting the trad...
by E. Normis Debtor
Thu Mar 30, 2006 4:49 am
Forum: General Discussion
Topic: FDCPA violations time limit
Replies: 8
Views: 7797

With respect to written correspondence, the one-year limitation period under § 1692k(d) has been construed to run from the date that a collection letter is placed in the mail, rather than the date when the letter is received because the mailing date is the last opportunity for the collector to comp...
by E. Normis Debtor
Wed Mar 29, 2006 1:12 pm
Forum: General Discussion
Topic: FDCPA violations time limit
Replies: 8
Views: 7797

Yes
by E. Normis Debtor
Wed Mar 29, 2006 11:50 am
Forum: General Discussion
Topic: FDCPA violations time limit
Replies: 8
Views: 7797

If the violation occurs within the correspondence itself, the one year limiation period would run from the date the letter was placed in the mail, not from when it was received.
by E. Normis Debtor
Wed Mar 29, 2006 11:09 am
Forum: General Discussion
Topic: Small Claims
Replies: 4
Views: 5176

Check your local court rules and states rules of civil procedure. Though it varies by location, most small claims courts do not allow for motion hearings, but rather go directly to trial.
by E. Normis Debtor
Wed Mar 29, 2006 10:02 am
Forum: General Discussion
Topic: 3rd party collection
Replies: 2
Views: 3702

There is no such requirement. Tell them your signature will appear at the bottom of your Federal Complaint.
by E. Normis Debtor
Wed Mar 29, 2006 9:57 am
Forum: General Discussion
Topic: Would a debt collector giving a false name violate the FDCPA
Replies: 3
Views: 4446

An alias, or "desk name" can be used by an individual collector under the FDCPA (Kleczy v. First Federal Credit Control), providing they disclose the name of their employer. Individual state laws could prohibit use of an alias. In many states where licensing is required, the "desk name" must be regi...

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