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Junk debt buyer asking to mail him a $2000 check as a settlement

Los Angeles, CA |

I just received a letter in the mail from a junk debt buyer on an old credit card I had back in 2007 offering a $2000 settlement ! and it says too : unless you notify this office in writing within 30 days that you dispute the validity of this debt,we will assume the debt is valid and they will obtain verification of the debt and mail me a copy (name and address of the original creditor )...should I write them back to dispute it even though I owe the original bank money ? there is no physical address,just P.O.Box? and what should I request for ?

Attorney Answers 4

Posted

If it was from 2007 the statute of limitation in CA has passed. They cannot sue you but you cannot dispute that you do not owe it if you do. You can asset the statute of limitations defense and ask that they not contact you anymore.

This is not a comprehensive answer and it is impossible to provide a meaningful response without a consultation. Call us for more information. 619.797.5456 www.mataelelaw.com

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Posted

But they asking different amount from the original debt ,I used to live in Idaho where I gt that card and the last payment was in Dec 2008,now which statue of limitation apply here ?4 ( CA) or 5( Idaho)?

Posted

contact a local debt collection lawyer regarding this case. They may be trying to get you to pay on a debt which they may legally not be entitled to collect.

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Posted

The statute of limitations has run, They cannot file a lawsuit to enforce/compel payment of this debt.
Tell them so.

If you feel this is the "best" answer or is "helpful," please indicate. Since I am limited to the information you provide, I cannot guarantee the accuracy of the answer. You should seek the advise of an attorney who can explore all aspects of your question. This communication does not form an attorney client relationship.

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Posted

This is from the credit card I had when I used to live in Idaho as the statue of limitation is 5 years ,now I live in California and the statue of limitation is 4 years in here ,the last payment I made was in Dec 2008 which means 3 more months to pass the statute limitation..could you please tell me which one applies here 4 or 5 years ?

Philip Anthony Fabiano

Philip Anthony Fabiano

Posted

The statute of limitations does not move around or change. Whatever the statute was when the agreement was entered into controls.

Posted

Do not assume that junk debt buyers claiming to own old debts actually own them. In many cases, they do not. Debt buyers can rarely prove anything regarding claimed debts, including their ownership of them, your liability, or the amount.

If the debt is out of statute, you should direct them not to contact you further. Have an attorney review the letter you got; attempting to collect out of statute debts without disclosure of that fact may be an Fair Debt Collection Practices Act violation.

If the debt is within statute, send a letter asking for proof that the debt buyer owns the debt. I doubt if you will get anything back. Then, if they do sue you, you have a defense -- under the Uniform Commercial Code you are entitled to reasonable proof (such as a copy of an assignment referring to the particular account) that the assignee debt buyer owns the debt.

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Charles Ross Smith III

Charles Ross Smith III

Posted

Attorney Edleman is totally correct. Junk debt buyers almost never have documentation that proves that there truly was a debt and that they bought it. Ignore them. If they sue, it is worth your money to hire an attorney and defend and even counter claim for Fair Debt Collection Practices Act violations.

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