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Creditor calling me after 20 years!

Posted: Fri Mar 17, 2006 6:52 pm
by bloisega
i have a Creditor putting inquiries on my credit.. every 6 months so i called them to find out what is going on and to get some info, she told me that they have a judgement against me and that it wont go away! she also said that i owe $9000.00 dollars but she will settle for $5000.00 and by paying this amount it will make this judgement go away!

i believe she is fishing she knows things about me from my credit she looks at it every 6 months or so why do they wait for so long? i don't understand can anything come from this? can she do any thing to me after 20 years??? this is a car reposession from 1986 and she says they have a judgement from 1989 but this does not show on my credit report. has their limitation run out? this is a judgement from newyork city. and i no longer live in that state i have not been in that state for over 15 years. she said that i signed a legal document and that it's still binding.

any help would really be welcome..
Thanks again you guys are great!

Re: Creditor calling me after 20 years!

Posted: Sat Mar 18, 2006 7:53 am
by Administrator
[quote="bloisega"]I have a Creditor putting inquiries on my credit.. every 6 months so I called them to find out what is going on and to get some info, she told me that they have a judgment against me and that it won't go away! She also said that I owe $9000.00 dollars but she will settle for $5000.00 and by paying this amount it will make this judgement go away!

I believe she is fishing she knows things about me from my credit she looks at it every 6 months or so why do they wait for so long? i don't understand can anything come from this? can she do any thing to me after 20 years??? this is a car reposession from 1986 and she says they have a judgement from 1989 but this does not show on my credit report. has their limitation run out? this is a judgement from newyork city. and i no longer live in that state i have not been in that state for over 15 years. she said that i signed a legal document and that it's still binding.

any help would really be welcome..
Thanks again you guys are great!


Okay, several things. First, the debt is no longer judicially enforceable. Do not reaffirm or say that you will pay it or you can cause it to become judicially enforceable again. Tell them you will not pay any sum.

If you did pay, they would show it as a paid collection on your report along with settled for less than sum owed. Both will damage you greatly. Even though the obsolescence period is 7 years from 1st date of delinquency, scavengers who do junk debt collection will lie and do mean things to your credit even if you paid it.

The judgment is likely beyond its statute period as well as was not refiled to revive it and make it executory any further. See, for example, Louisiana Code of Civil Procedure article 2031.

Check your credit, let me know if they are reporting this plainly obsolete debt on your credit.

David Szwak

nope

Posted: Sat Mar 18, 2006 5:46 pm
by bloisega
No they are not reporting anything they are just doing inquires and lowering my score how do i get them to stop doing this. or can i get my attorney to send them a letter to stop doing this!???

Thanks again for your help..

Re: nope

Posted: Sat Mar 18, 2006 9:39 pm
by David A. Szwak
[quote="bloisega"]No they are not reporting anything they are just doing inquires and lowering my score how do i get them to stop doing this. or can i get my attorney to send them a letter to stop doing this!???

Thanks again for your help..


I believe the inquiries may not be illegal per se since they are in connection with efforts to collect but the inquiries are for more than just location information. Further, the volume of inquiries is relevant. How often are they making inquiries? Ypu might be entitled to dispute the inquiries as fraudulent to the CRAs.

Posted: Sun Mar 19, 2006 6:33 am
by bloisega
Out of these 2 inquires i authorized online info because i am trying to get a mortgage.. Big apple credit corp is the one that is putting this on my credit also i did some reserch and found that the person that has called me is a CPA from another company and not the actual Big Apple Credit. This is a company out of florida that must have bought the debt and is trying to collect, this is a listing from experian i copied and pasted here. can i call experian and tell them i did not autorized big apple credit to check my credit.
Thanks again
"G"


New Inquiries
The following inquiries are "hard" or voluntary inquiries and were generated because you authorized the companies listed to request a copy of your credit report.
Alert Date Business Name Inquiry Date
3/12/2006 ONLINE INFO SERVICES INC
3/11/2006 BIG APPLE CREDIT CORP

Posted: Sun Mar 19, 2006 7:37 am
by Guest
[quote="bloisega"]Out of these 2 inquires i authorized online info because i am trying to get a mortgage.. Big apple credit corp is the one that is putting this on my credit also i did some reserch and found that the person that has called me is a CPA from another company and not the actual Big Apple Credit. This is a company out of florida that must have bought the debt and is trying to collect, this is a listing from experian i copied and pasted here. can i call experian and tell them i did not autorized big apple credit to check my credit?
Thanks again
"G"


New Inquiries
The following inquiries are "hard" or voluntary inquiries and were generated because you authorized the companies listed to request a copy of your credit report.
Alert Date Business Name Inquiry Date
3/12/2006 ONLINE INFO SERVICES INC
3/11/2006 BIG APPLE CREDIT CORP


Okay, looks like maybe 2 inquiries, back to back in March, '06. You can dispute them to Experian. Saying "I did not authorize the inquiries" will cause Experian to send you a form letter saying essentially "so what?" as you need not authorize them. Since the inquiries are the result of an effort to damage your credit via fraudulent means, you should dispute them as fraud-related. While you may have a moral obligation to pay, it is not judicially enforceable under the facts you present. Absent reaffirmation or a new promise to pay [or a payment], you do not owe it. They are not merely trying to locate you. Continued credit report accesses will serious harm your credit and form the basis of a state law DTPA/UDAP claim and property damage claim [your credit rating and report are property rights]. Can you show "damage"? Do you now have good credit? Can you show the drop in your credit score? What was your FICO score before? Now? You need to pull your disclosure reports often and request your score. You can read about what is "damage" and "causation" in the Dispute Forum folders entitled same.

Posted: Sun Mar 19, 2006 7:38 am
by David A. Szwak
Sorry, thought I was logged in. Please let me know what your reports show.

They called Today

Posted: Mon Mar 20, 2006 4:04 pm
by bloisega
This morning i recieved a call from the BIG APPLE CREDIT CORP and she told me that they renewed the judgement as of 1992. now my question is can they enforce this judgement from 1992 or does it extend from 1984 7 more years. is this how it works, Or is it starting all over again from 1992?? But that would make it a 16 year old judgement is that right?
anyways she was so upset because i told her i spoke to my lawyer and my lawyer advised me not to payanything and to tell her to stop this harrassment! she FLIPPED! and she told me that i should fire this laywer and they can garnish my salary so i told her Look Lady if you were going to do something you would have done it already, 22 years later and you not being the original creditor and posing as one is sorry on your part your a CPA! so no i am not paying anything and stop calling me or i am going to sew you for harressment. At this point she is so upset that she said your judgement is go for ONLY 20 YEARS!!!! and i said HA!! i told her its 22 years old have a nice day good bye.. by this time she did not know what to say but she did ask me for my attorneys name and i told her no and i hung up on her. So for the rest of the day i did not hear a peep from them lets see how long it lasts. never know.

Thanks again for your help!

"G"

Credit Score

Posted: Mon Mar 20, 2006 4:09 pm
by bloisega
my credit score was in the 760 range now its in the 654 range im never late on anything mortgage and or credit card payments Amex Visa ,Mastercard.. ect.. always pay the ballance in full or send more than minimum.. but never exceed 1/2 of my credit line. i dont understand is there some trick to getting a higher SCORE!!

Here We Go

Posted: Fri Mar 24, 2006 2:18 pm
by bloisega
Today i got a letter from that Big apple credit Corp. All they sent me was a copy of the judgement dated March 30th 1989 that states i owe $3788.66

But on the cover letter they want $9341.31
My question is it looks like they did not renew the judgement and i looked up the statue of limitation for the state of new york the limit is 10 years. that would make it 1999 correct? Now this being the case is this a Valid judgement? From 1989 to 2006 its 17 years.

My next question is how can this affect me in NC being that the original judgement is from New york state and i moved to florida over 15 years ago and now i'm in NC do they have to file in north carolina? but this is very old..

Statute of limitations for JUDGMENTS
--------------------------------
New York 10 years
Florida 20 years
North Carolina 5 years
-----------------------------------
http://www.creditinfocenter.com/rebuild/statuteLimitationsJudgments.shtml


Statute of Limitations on Debts
State Oral Written Promissory Open-ended Accounts
NY 6 6 6 6
NC 3 3 5 4
FL 4 5 5 4
Here is the link to the info i placed here..
http://www.creditinfocenter.com/rebuild/statuteLimitations.shtml

Thanks again for your help
"G"

Posted: Wed Mar 29, 2006 7:45 pm
by bloisega
The judgement that was mailed to me was dated March 1989 and this was not renewed!

and there are no other papers that say any other date also i called them to stop doing inquries on my credit they did not contact me. If they really had a GOOD judgement i thnk that they would have done something by not and not wait 20 years for me to call them .. :)
I guess 1989 to 1999 = 10 years
and 1999 to 2009 = is the other 10 to complete the 20years is this what your saying? i have 2 years to go?????

If i'm not mistaken aren't they supposed to renew this every 5 to 10 years and shouldn't they have to sent me an updated Judgement stating the new date?? shouldn't the new judgement be stamped 2001 or so if it was Renewed??
Also they are misleading they are a Accounting Company not the Actual Creditor how do i know if the Amounts are Correct on the judgement, It says $3000.00 on the judgement and their letter says $9000.00 pay NOW! i read some where that i can sew them because of Mis-representation! they ARE NOT THE CREDITOR! so they can not enforce any mount they want because they can't prove it.

Excellent

Posted: Thu Mar 30, 2006 5:45 pm
by bloisega
Now This is what this site is About!!
The information and professionals here are priceless

This is an awsome responce and gives a better understanding of how to handle the CPA. Thanks a million lady in red. you are the best.