Tag Archive for statute of limitations

Your Easy Action Credit Repair Plan

If you’ve been denied credit, housing or a job because of your bad credit then you are all too aware of how much its costing you in almost every aspect of your life. You may be thinking you’re safe right now because you have no plans to move or change jobs, but with bad credit lasting 7 years (and longer in some cases), can you really afford to ignore it? Probably not.  It’s entirely possible to have an action plan to get your credit reports cleaned up and today we’ll share with you how. If you want even more in depth information about DIY credit repair be sure to visit our main site at www.carreonandassociates.com

Your Credit Repair Action Plan

Disputing 
Obviously one of the first tasks to fixing your credit is disputing the item with the credit bureaus. Since the FCRA (Fair Credit Reporting Act) provides protection to consumers and their credit, its essential to start with asking if the item is even accurate. You’d be surprised just how many mistakes the credit bureaus make when receiving financial data from creditors and collection agencies.  Besides the right to dispute your credit reports with the credit burueas (Experian, TransUnion and Equifax), you also have the right to ask for account information from the OS (original source).

Because the FCRA allows you to dispute your credit reports, you can create an action plan that begins with the credit bureaus and if needed, travels down to credit disputes with the OS. If information cannot be proven, it must be removed. Lots of items are deleted using this method and often can require little more work from you if the items are unverifiable. Certainly a worthwhile investment to better your credit scores.

When you begin disputing with the credit bureaus, be sure to send out everything certified mail and keep a receipt. The credit bureaus have about 30 -35 days to complete the investigation so record keeping and proof is paramount unless you want to start all over.

Validating
Lets say you’ve disputed items with the credit bureaus but they’ve been verified as accurate and therefore will remain. Sure, you can try disputing them again and again but that wont do much if the creditor or collection agency is determined to make sure the negative mark remains. If you’ve gone through the dispute process and the item WILL stay then you have to decide if its worth paying, but before you do, lets make sure it really is accurate. VOD (validation of debt) is something you aim at the creditor or collection agency, not the credit bureaus. Once your work with the credit bureaus is done (the disputing), then you should consider going straight to the source and requesting that they show you proof. If they’ve told the credit bureaus that the items are indeed accurate then they should have no problem showing you proof, right? You’d be surprised, once pressed, just how many really dont have the proof. This can also lead to legal actions against the credit bureaus and the creditors if they’ve continued to report an item that cannot be verified.  This is often referred to as credit repair by civil suit. Money talks.

Negotiating
Once you’ve completed the steps above then its time to determine if its worth paying. Before you pay anything, you need to consider two factors. Is the SOL to collect expired and is the reporting time expired. Both are important. The SOL (statute of limitations for collecting) is a major factor because if the debt is expired then legally it cannot be enforced. You wouldn’t want to pay something that is legally noncollectable.  Each state has its own SOL so its important to check yours.

The reporting time is how long an item can stay on your credit reports so if you’ve only got a year to go or less, you may want to wait. Usually, negative credit (besides judgments and tax liens) remains for 7 years but again, check your state law to see if its less. Some are five. If you’ve decided to pay then you will want to negotiate it in writing only. Most creditors and collection agencies will accept reduced settlements, especially if the debt is old.

Doing Nothing

New Consumer Bureau Should Standardize Debt Collection Letters

More than any other complaint, the Federal Trade Commission received those about debt collectors. Specifically, people complained that they were often ignored when requesting validation of debt (VOD) and or refused the right altogether. The Federal Fair Debt Collection Practices Act (FDCPA) demands that consumers be given this basic right but collection agencies often fall short — either not sending out the notice or leaving the important verbage out of the notices. Because there is some variances in the FDCPA verbage it can be open to interpretation. Adding a standard format would make the rules clear to everyone.

The new Consumer Finance Protection Bureau (CFPB) which will work along side the FTC will have the power to make changes in the debt collection industry including requiring that collection agencies follow standard formats in their letters. By having a system in place that all collection agencies would have to follow, there would be less confusion for consumers and probably less violations by the collection agencies.

According to Credit.com the idea format would be as follows;

Details of the debt

  •  Complete contact information for the current collector
  • Name and address of original creditor
  • The date the original account was opened
  • Date of default date (or perhaps last payment) with the original creditor
  • Charge-off date
  • Amount owed at the time of default or charge-off
  • Interest and fees charged since that date
  • Amount currently owed
  • Clear explanation of right to request verification of the debt, and how to do that
  • Chain of title (list of all firms that have attempted to collect the debt after the original creditor)
  • Credit reporting information (how long it can be reported)

Summary of Consumer Rights

  • Information about the statute of limitations
  • Where to get more information about the consumer’s rights and resources
  • How and where to file a complaint against the collector if necessary

This type of letter would be clear and concise and also provide details that a VOD would normally include. It would also answer the always almighty SOL question — statute of limitations of when the debt would expire. Makes sense!

Common Collection Agency Questions – Answered

People who’ve never dealt with a collection agency often know very little about their procedures.  If your debt’s been sent to a collection agency then you usually have no more pull with the original creditor. We’ll try to cover some popular topics about collection issues below, and hopefully clear up some myths.

A reminder before we discuss the topics below. Always make sure the debt is, 1.) actually owed - validation of debt (VOD) and 2.), not expired – statute of limitations. (SOL).

Can I demand that the original creditor take back my debt from a collection agency before I pay it?

No. Although you may not like dealing with a bill collector, you cannot demand to deal with the original creditor once the debt is sold or assigned out to a third party collector. If the debt has been sold, then there is nothing you can do because the collector owns it, however if the debt has only been assigned to a collection agency then you are not barred from contacting the original creditor and trying to sway them to take it back so you can deal with them directly. It doesnt hurt to ask.

Can I demand that the collection agency accept my payments?

Unfortunately no. There is no law that says the collector must accept your partial payments. Additionally, you can still be sued even though you appear to be trying to show good faith. It still may not be enough. A bill collector will often accept payments if they are large enough to pay back the debt in less than 6 months but once you start asking to spread payments out over a long period of time, the less the collector will want to accept. They are not bound to take payments because they are not your lender. You are in collections and their job is to collect that debt as quickly as possible.

Can I create an offer and settlement without the collection agency’s participation?

You could but its not a legal contract. Part of the concept of an offer and compromise is an accord (your offer) and a satisfaction (their acceptance). If you send a settlement demanding this that and the other and the collector has never agreed to it then they may just cash your check and trash the letter. On the other hand, if you create an offer and they accept, then do so in writing only, not by phone.

Am I lawsuit proof it I am disabled?

No. You can still be sued if you’re on disability but you cannot have your SSI income garnished. It’s a good idea to keep your SSI income in a separate account and not co-mingle it with other income that may be attachable by levy. Even if you are disabled, a lawsuit can still attach to your property or other monies. If you do not have any other property or income besides SSI then make sure you advise a bill collector at the first contact that you are disabled, collecting SSI and have no property or other assets. Most bill collectors wont bother with the costs associated with starting a lawsuit if they know these facts.

Getting the Right “Statute of Limitations”

Lots of websites offer information on the SOL “statute of limitations” for debts and credit reports but often these lists can change. If a state has ammended its laws, then the SOL can change. If you’re dealing with old debts or trying to figure out what the SOL is for a debt then the safest way to do so is by going right to the source.

The NAAG – National Association of Attorneys General has a list for each state. The list has links to each state’s website where you can research your state law and get the correct and current date. If you are going to begin negotiating with a collection agency or put them on notice to cease contact because of an expired statute of limitation then you better be sure you’re right. Keeping a bookmark of the NAAG is a good idea so you can quickly reference it in the future.

Here is the most recent list of Attorneys Generals by State as of June 2011.

Need to know more about how to apply the SOL to your debts? Check out our in depth article on the subject.

LUTHER STRANGE (R)

Alabama Attorney General
Elected: 2010

501 Washington Ave. P.O. Box 300152 Montgomery, AL 36130-0152
(334) 242-7300
http://www.ago.state.al.us/

JOHN BURNS

Alaska Attorney General
Appointed: 2010

P.O. Box 110300, Diamond Courthouse, Juneau, AK 99811-0300
(907) 465-3600
http://www.law.state.ak.us/

FEPULEA’I A. “AFA” RIPLEY, JR. (D)

American Samoa Attorney General
Appointed: 2007

American Samoa Gov’t, Exec. Ofc. Bldg, Utulei, Territory of American Samoa, Pago Pago, AS 96799
(684) 633-4163
http://americansamoa.gov/departments/depts/legal.htm

TOM HORNE (R)

Arizona Attorney General
Elected: 2010

1275 W. Washington St., Phoenix, AZ 85007
(602) 542-4266
http://www.azag.gov/

DUSTIN MCDANIEL (D)

Arkansas Attorney General
Elected: 2006, 2010

200 Tower Bldg., 323 Center St., Little Rock, AR 72201-2610
(800) 482-8982
http://www.ag.arkansas.gov/

KAMALA HARRIS (D)

California Attorney General
Elected: 2010

1300 I St., Ste. 1740, Sacramento, CA 95814
(916) 445-9555
http://ag.ca.gov/

JOHN SUTHERS (R)

Colorado Attorney General
Elected: 2005, 2006, 2010

1525 Sherman St. Denver, Colorado 80203
303-866-4500
http://www.ago.state.co.us/index.cfm

GEORGE JEPSEN (D)

Connecticut Attorney General
Elected: 2010

55 Elm St., Hartford, CT 06141-0120
(860) 808-5318
http://www.ct.gov/ag/

JOSEPH R. “BEAU” BIDEN, III (D)

Delaware Attorney General
Elected: 2006, 2010

Carvel State Office Bldg., 820 N. French St., Wilmington, DE 19801
(302) 577-8338
http://attorneygeneral.delaware.gov/

IRVIN NATHAN

District of Columbia Attorney General
Appointed: 2010

John A. Wilson Building, 1350 PA Ave, NW Suite 409, Washington, DC 20009
(202) 727-3400
http://occ.dc.gov

PAM BONDI (R)

Florida Attorney General
Elected: 2010

The Capitol, PL 01, Tallahassee, FL 32399-1050
(850) 414-3300
http://myfloridalegal.com/

SAM OLENS (R)

Georgia Attorney General
Elected: 2010

40 Capitol Square, SW, Atlanta, GA 30334-1300
(404) 656-3300
http://law.ga.gov/02/ago/home/0,2705,87670814,00.html

LENNY RAPADAS

Guam Attorney General
Elected: 2010

287 West O’Brien Drive Hagatna, Guam 96910 Hagatna, Guam 9691

http://www.guamattorneygeneral.com/

DAVID LOUIE

Hawaii Attorney General
Appointed: 2010

425 Queen St., Honolulu, HI 96813
(808) 586-1500
http://www.hawaii.gov/ag/

LAWRENCE WASDEN (R)

Idaho Attorney General
Elected: 2002, 2006, 2010

Statehouse, Boise, ID 83720-1000
(208) 334-2400
http://www2.state.id.us/ag/

LISA MADIGAN (D)

Illinois Attorney General
Elected: 2002, 2006, 2010

James R. Thompson Ctr., 100 W. Randolph St., Chicago, IL 60601
(312) 814-3000
http://illinoisattorneygeneral.gov/

GREG ZOELLER (R)

Indiana Attorney General
Elected: 2008

Indiana Government Center South – 5th Floor, 302 West Washington Street, Indianapolis, IN 46204
(317) 232-6201
http://www.in.gov/attorneygeneral/

TOM MILLER (D)

Iowa Attorney General
Elected: 1978, 1982, 1986, 1994, 1998, 2002, 2006, 2010

Hoover State Office Bldg., 1305 E. Walnut, Des Moines, IA 50319
(515) 281-5164
http://www.IowaAttorneyGeneral.org

DEREK SCHMIDT (R)

Kansas Attorney General
Elected: 2010

120 S.W. 10th Ave., 2nd Fl., Topeka, KS 66612-1597
(785) 296-2215
http://www.ksag.org/home/

JACK CONWAY (D)

Kentucky Attorney General
Elected: 2007

700 Capitol Avenue, Capitol Building, Suite 118, Frankfort, KY 40601
(502) 696-5300
http://ag.ky.gov/

JAMES D. “BUDDY” CALDWELL (R)

Louisiana Attorney General
Elected: 2008

P.O. Box 94095, Baton Rouge, LA 70804-4095
225-326-6000
http://www.ag.state.la.us/

WILLIAM J. SCHNEIDER (R)

Maine Attorney General
Appointed: 2010

State House Station 6, Augusta, ME 04333
(207) 626-8800
http://www.maine.gov/ag/

DOUGLAS F. GANSLER (D)

Maryland Attorney General
Elected: 2006, 2010

200 St. Paul Place, Baltimore, MD 21202-2202
(410) 576-6300
http://www.oag.state.md.us

MARTHA COAKLEY (D)

Massachusetts Attorney General
Elected: 2006, 2010

1 Ashburton Place, Boston, MA 02108-1698
(617) 727-2200
http://www.mass.gov/ago/

BILL SCHUETTE (R)

Michigan Attorney General
Elected: 2010

P.O.Box 30212, 525 W. Ottawa St., Lansing, MI 48909-0212
(517) 373-1110
http://www.michigan.gov/ag

LORI SWANSON (D)

Minnesota Attorney General
Elected: 2006, 2010

State Capitol, Ste. 102, St. Paul, MN 55155
(651) 296-3353
http://www.ag.state.mn.us

JIM HOOD (D)

Mississippi Attorney General
Elected: 2003

Department of Justice, P.O. Box 220, Jackson, MS 39205
(601) 359-3680
http://www.ago.state.ms.us/

CHRIS KOSTER (D)

Missouri Attorney General
Elected: 2008

Supreme Ct. Bldg., 207 W. High St., Jefferson City, MO 65101
(573) 751-3321
http://ago.mo.gov/

STEVE BULLOCK (D)

Montana Attorney General
Elected: 2008

Justice Bldg., 215 N. Sanders, Helena, MT 59620-1401
(406) 444-2026
http://www.doj.mt.gov

JON BRUNING (R)

Nebraska Attorney General
Elected: 2002, 2006, 2010

State Capitol, P.O.Box 98920, Lincoln, NE 68509-8920
(402) 471-2682
http://www.ago.state.ne.us/

CATHERINE CORTEZ MASTO (D)

Nevada Attorney General
Elected: 2006, 2010

Old Supreme Ct. Bldg., 100 N. Carson St., Carson City, NV 89701
(775) 684-1100
http://ag.state.nv.us/

MICHAEL DELANEY (D)

New Hampshire Attorney General
Appointed: 2009

State House Annex, 33 Capitol St., Concord, NH 03301-6397
(603) 271-3658
http://doj.nh.gov/

PAULA T. DOW (D)

New Jersey Attorney General
Appointed: February 2010

Richard J. Hughes Justice Complex, 25 Market Street P.O. Box 080 Trenton, NJ 08625
(609) 292-8740
http://www.state.nj.us/lps/

GARY KING (D)

New Mexico Attorney General
Elected: 2006, 2010

P.O. Drawer 1508, Sante Fe, NM 87504-1508
(505) 827-6000
http://www.nmag.gov/

ERIC SCHNEIDERMAN (D)

New York Attorney General
Elected: 2010

Dept. of Law – The Capitol, 2nd fl., Albany, NY 12224
(518) 474-7330
http://www.ag.ny.gov/

ROY COOPER (D)

North Carolina Attorney General
Elected: 2000, 2004, 2008

Dept. of Justice, P.O.Box 629, Raleigh, NC 27602-0629
(919) 716-6400
http://www.ncdoj.gov/

WAYNE STENEHJEM (R)

North Dakota Attorney General
Elected: 2000, 2004, 2006, 2010

State Capitol, 600 E. Boulevard Ave., Bismarck, ND 58505-0040
(701) 328-2210
http://www.ag.state.nd.us

EDWARD T. BUCKINGHAM

Northern Mariana Islands Attorney General
Appointed: 2009

Administration Building, P.O. Box 10007, Saipan MP 96950-8907
(670) 664-2341
http://www.cnmiago.gov.mp/

MIKE DEWINE (R)

Ohio Attorney General
Elected: 2010

State Office Tower, 30 E. Broad St., Columbus, OH 43266-0410
(614) 466-4320
http://www.ohioattorneygeneral.gov/

SCOTT PRUITT (R)

Oklahoma Attorney General
Elected: 2010

313 NE 21st Street, Oklahoma City, OK 73105
(405) 521-3921
http://www.oag.state.ok.us/

JOHN KROGER (D)

Oregon Attorney General
Elected : 2008

Justice Bldg., 1162 Court St., NE, Salem, OR 97301
(503) 378-4732
http://www.doj.state.or.us/

LINDA L. KELLY

Pennsylvania Attorney General
Appointed: 2011

1600 Strawberry Square, Harrisburg, PA 17120
(717) 787-3391
http://www.attorneygeneral.gov

GUILLERMO SOMOZA-COLOMBANI

Puerto Rico Attorney General
Appointed: December 2009

GPO Box 902192, San Juan, PR 00902-0192
(787) 721-2900
http://www.justicia.gobierno.pr/

PETER KILMARTIN (D)

Rhode Island Attorney General
Elected: 2010

150 S. Main St., Providence, RI 02903
(401) 274-4400
http://www.riag.state.ri.us

ALAN WILSON (R)

South Carolina Attorney General
Elected: 2010

Rembert C. Dennis Office Bldg., P.O.Box 11549, Columbia, SC 29211-1549
(803) 734-3970
http://www.scattorneygeneral.org

MARTY J. JACKLEY (R)

South Dakota Attorney General
Appointed: 2009, Elected: 2010

1302 East Highway 14, Suite 1, Pierre, SD 57501-8501
(605) 773-3215
http://atg.sd.gov/

ROBERT E. COOPER, JR. (D)

Tennessee Attorney General
Appointed: 2006

425 5th Avenue North, Nashville, TN 37243
615-741-3491
http://www.tn.gov/attorneygeneral

GREG ABBOTT (R)

Texas Attorney General
Elected: 2002, 2006, 2010

Capitol Station, P.O.Box 12548, Austin, TX 78711-2548
(512) 463-2100
http://www.oag.state.tx.us

MARK SHURTLEFF (R)

Utah Attorney General
Elected: 2000, 2004, 2008

State Capitol, Rm. 236, Salt Lake City, UT 84114-0810
(801) 538-9600
http://attorneygeneral.utah.gov/

WILLIAM H. SORRELL (D)

Vermont Attorney General
Elected: 1997, 1998, 2000, 2002, 2004, 2006, 2008, 2010

109 State St., Montpelier, VT 05609-1001
(802) 828-3173
http://www.atg.state.vt.us/

VINCENT FRAZER

Virgin Islands Attorney General
Appointed: 2007

Dept. of Justice, G.E.R.S. Complex 488-50C Kronprinsdens Gade, St. Thomas, VI 00802
(340) 774-5666

KEN CUCCINELLI (R)

Virginia Attorney General
Elected: 2009

900 East Main Street Richmond, VA 23219
(804) 786-2071
http://www.oag.state.va.us/

ROB MCKENNA (R)

Washington Attorney General
Elected: 2004, 2008

1125 Washington St. SE, PO Box 40100, Olympia, WA 98504-0100
(360) 753-6200
http://www.atg.wa.gov/

DARRELL V. MCGRAW, JR. (D)

West Virginia Attorney General
Elected: 1992, 1996, 2000, 2004, 2008

State Capitol, 1900 Kanawha Blvd. , E., Charleston, WV 25305
(304) 558-2021
http://www.wvago.gov/

J.B. VAN HOLLEN (R)

Wisconsin Attorney General
Elected: 2006, 2010

State Capitol, Ste. 114 E., P.O.Box 7857, Madison, WI 53707-7857
(608) 266-1221
http://www.doj.state.wi.us

GREG PHILLIPS

Wyoming Attorney General
Appointed: 2011

State Capitol Bldg., Cheyenne, WY 82002
(307) 777-7841
http://attorneygeneral.state.wy.us