If I have proof that the charge off statement, the last and final statement, was disputed and thereafter, creditor was silent for 2 years until filling suit through a debt collector. Debt Collector without correspondence or letting me know of the right to dispute immediately filed suit. Can they prevail on an Account Stated C/A? I have a copy of the letter bearing my signature, return receipt, and affidavit I am prepared to submit, if need be, that states that letter was sent.
Consumer Protection Attorney
The short answer is no if you wish to prevail on a theory that either too much time has passed or the creditor had a duty to validate the debt before they filed a suit against you. The suit appears to have been brought timely as the statute of limitations is 4years for an account stated. If it is a credit card, the statue is 6 years. With regard to your notice 2 years ago, the Federal fair debt collection practices act's requirement to validate a written dispute only applies to collection agencies or debt buyers and not the original creditors. If it was actually sent to law firm directly, you may have an FDCPA claim against them as they likely would fall under the definition of a debt collector. Regardless, whether you have an FDCPA counterclaim, it does not address the merits of whether you actually owe the disputed account. The good news is that if you have a bonafide dispute, you can raise it as a defense to the case.
I would be happy to review your docs and give you a free consultation if you would like to call me.
Good luck, Jim Feagle
Skaar & Feagle, LLP maintains offices in Marietta (770 427 5600) and Decatur (404 373 1970), Georgia. The information ("the answer") provided above is for general information and educational purposes only. The answer should not be taken as legal advice for any individual case or situation. Posting the question and reviewing the answer does not constitute an attorney-client relationship. My firm will ask you to sign a written contract prior to the commencement of representation in any attorney-client relationship. Please contact 770 427 5600 or 404 373 1970, if you wish to discuss your situation further. Skaar & Feagle, LLP accepts select consumer rights cases. These cases include, but are not limited to, cases of abusive and unlawful collection activity, debt defense, credit reporting of false or obsolete (old) information, high interest lenders (title pawns, payday loans), debt management plans, and fraud or unfair practices in the sale and financing of automobiles.
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Divorce / Separation Lawyer
You posted the same question multiple times.
Here is the answer you received the last time you posted it:
The fact that your post as posted makes almost no sense at all tells me you'll do very poorly in court, especially because you do not understand that "charged off" is a negative accounting term that says in effect "he did not pay, we don't know if he will, and he's a deadbeat, so lower is credit score." Assuming they are still within the statute of limitations they can sue. The creditor's response or lack of it may give you grounds for a counterclaim, and you'lllikely miss that or fail to present it properly if it exists unless you get a lawyer.
Sending a letter is NOT the proper response to a suit. In fact, if that is all you do, you will automatically lose. Get a lawyer ASAP.
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Divorce / Separation Lawyer
Charge off means they are ready to sue you, it doesn't mean you don't owe the money. Yes, they can prevail. You need a lawyer to talk to you about a full debt relief analysis and game plan.
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