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Zombie Debt: Coming Soon To A Credit Report Near You

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Icon Mini Profile mattsullivan



Joined: 04 Mar 2008

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PostPosted: Tue Mar 04, 2008 3:08 pm    Post subject: Zombie Debt: Coming Soon To A Credit Report Near You

This is a article I post on my site today. It may be something you send to your clients to keep them up to date.





Matt Sullivan, CEO


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Icon Mini Profile larry



Joined: 27 Jun 2007

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PostPosted: Tue Mar 04, 2008 3:43 pm    Post subject:

Hi Matt,

Welcome to the forum.

This seems good information but you should not just copy-paste anything here in the forum. Please go through the forum guidelines at http://www.mortgagefit.com/discuss/about1839.html

Hey you can introduce yourself and let the community know about you at http://www.mortgagefit.com/introduce-yourself.html

Hope we will see you more in the forums with some original thought and helpful suggestions Smile

Best of luck,
Larry
 
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Icon Mini Profile Samantha
Samantha
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PostPosted: Tue Mar 04, 2008 11:10 pm    Post subject: RE: debt collection - can we expect a better practice?

larry, I was just reading Matt's post and it seems he has uploaded it directly from his blog.

Anyway, interesting post Matt! debt collections are indeed something that are practised widely but a lot of people are often harrased even when things can be solved at ease. So, that's the worse part of collection.

Offcourse the creditor needs to recover his money and the debtor needs to be more responsible but can't the industry find out a better way to collect the debt may be peacefully and more effectively.

The forum guidelines specifically related to duplicate postings are available in the General Guidelines section at http://www.mortgagefit.com/terms-services.html . So, just read through them so that you can participate in a better way and share your views with the community here.

God bless you.

Samantha

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Icon Mini Profile fireyone_02



Joined: 20 Mar 2008

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PostPosted: Thu Mar 20, 2008 9:44 am    Post subject:

mattsullivan, I was reading your thread here and seen CA's can't sue once the debt is 6 years old but I thought it was a state by state guidelines . Different states have different SOL so wouldn't that apply to how long they can take you to court? The best debt in fact is a paid debt but I was just trying to clear up my understanding on when they can sue.
 
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Icon Mini Profile Caron
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PostPosted: Fri Mar 21, 2008 9:29 pm    Post subject: RE: SOL for unpaid debt

Hi Fireyone,

Once the State of Limitations (SOL) for a debt expires, the debtor cannot be sued through court action. Only if he makes a partial payment, the SOL starts over again! The SOL varies from one state to another but usually it extends for a period of 4-6 years. Even if anyone sues you after the statute of limitations is over, it is up to you to defend yourself by bringing the other party's attention to the fact that the SOL has expired.

Legally one need not pay the debt once the state of limitation is over. But this doesn't mean that the debt is dismissed. The creditor will leave it on your credit report for 7 years.

Good luck

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Icon Mini Profile fireyone_02



Joined: 20 Mar 2008

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PostPosted: Sat Mar 22, 2008 5:34 pm    Post subject:

That is a little of what I am dealing with now. It (my debt) is past SOL and I want to pay it off. I just want to make sure I have enough saved from working this spring before I contact the CA. I read that if you make a payment it restarts SOL. A lot of people have been scaring me about contacting the CA so once I do get enough saved I'm sure I will be very nervous in making the phone call. I thought about waiting until they sent me the yesrly letter about excepting paying the debt for half of its value. I will cross that bridge when I get there. When does the SOL start? I know it is from the date of last activity. I didn't see it anywhere on my report. The only thing I seen was when it listed the debt 30 days late.
 
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Icon Mini Profile jameshogg
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Joined: 20 Dec 2005

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PostPosted: Mon Mar 24, 2008 5:05 am    Post subject: RE: SOL for CA

Yes indeed it starts from the date of last activity on the account. the date should be mentioned on your credit report. I think you're on the right track. It's better to pay the entire balance through a single payment. Oh, by the way, in CA, the SOL lasts for 2 years in case of an oral contract and 4 years for written contracts, credit card debts and promissory notes.

Thanks
 
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Icon Mini Profile fireyone_02



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PostPosted: Thu Mar 27, 2008 4:37 pm    Post subject:

Thanks for the info. My state statues are the same as yours. I would rather make a single payment and get rid of the problem instead of having it looming over my head. Hoping to do this soon.
 
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Icon Mini Profile jbarto65



Joined: 04 Nov 2007

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PostPosted: Sun Mar 30, 2008 5:08 am    Post subject:

you may be able to get a settlement price out of them if the debt is real old, but I would not pay them anything unless you are sure that you can come up with the full amount to pay them off or do the monthly payments that are affordable to you, becareful, sometimes they will accept a very small payment to get the statute of limitations started again, it only takes one cent from the debtor to get this started all over again. goodluck fireyone.
 
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Icon Mini Profile fireyone_02



Joined: 20 Mar 2008

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PostPosted: Tue Apr 01, 2008 4:26 pm    Post subject:

Well I picked up one of there calls. Its Midland and I really don't think I want to deal with these people. They seem rude and hardheaded. I feel like I am safer with the SOL as protection. I can not believe how they talk to a person. I actually regret picking up the phone!!!
 
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Icon Mini Profile jbarto65



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PostPosted: Tue Apr 01, 2008 7:57 pm    Post subject:

Some of them have some really bad phone manners, I think that they think they can intimidate people into paying if they are this way, it would make me hang up on them and I have done it.
 
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Icon Mini Profile fireyone_02



Joined: 20 Mar 2008

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PostPosted: Fri Apr 04, 2008 7:33 am    Post subject:

I guess niceness doesn't matter anymore. I'm sure they get lots of hang ups due to their personality disorder. That and the fact that people just can't pay these days.
 
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Icon Mini Profile jbarto65



Joined: 04 Nov 2007

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PostPosted: Sun Apr 06, 2008 7:01 am    Post subject:

True, you don't have to tolerate any crap from them, I don't, if they are mean and nasty, CLICK and GOODBYE!
 
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Icon Mini Profile fireyone_02



Joined: 20 Mar 2008

Posts: 267



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PostPosted: Mon Apr 07, 2008 5:49 am    Post subject:

Usually my first clue that I need to hang up is when the address me by my maiden name. Haven't had it for 6 years so I know it is a junk debt collector. At least I know it wasn't THAT important.
 
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Icon Mini Profile jbarto65



Joined: 04 Nov 2007

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PostPosted: Tue Apr 15, 2008 5:16 pm    Post subject:

Well madame, they are showing you kind respect, LOL. They will use all types of tactics to try and get a commitment out of you. Just becareful what you say to them, normally after they rattle on for a while, I will just lay the phone down and walk away. If you don't have the money to pay it, you can pay it. They will try though.
 
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