About Michael Brotherton Expertise Consumer/Debtor Rights Advocate.
Mike Brotherton is a negotiator with over 30 years experience in consumer lending and collections. Mike has 30 years in the credit and collections industry as a former loan officer, debt collector and manager of two finance companies over several years.
Mike is well versed in Loss Mitigation practices and the legal collection process. He has helped literally thousands of people over many years overcome serious financial problems such as foreclosure, creditor lawsuits and abuse by debt collectors. For more information about resolving your "financial emergency" visit www.financialemergency.com.
FinancialEmergency.com is a consumer web site which actively promotes Fair Debt Collection Practices and other consumer protection laws. We teach DEBTOR RIGHTS and enforcement of those rights. The more informed you are of your rights and the credit collections practices of creditors the more peace you can have dealing with your FINANCIAL EMERGENCY.
Most financial problems are fairly common and as such have some very common solutions. The key is understanding your rights in the collection process and how to enforce them if need be.
Primary business- Debtor Rights Advocacy and Debt Mitigation relating to foreclosure, creditor lawsuits, and other serious financial problems.
www.financialemergency.com (copy and paste in browser).
Experience Over 40 years combined experience negotiating disputes and resolving financial issues related to consumer debt, corporate issues and mortgage modifications.
Question I have been sued by a credit card collection company and am in the discovery phase. My credit report shows that last payment made was Oct. 02 charged off jan. 03. My first question is, when did the sol start on this debt?
2. They want me to fill out a complete admittance form. Shouldn't they be giving me proof of the debt? Why should I admit to anything, when they are suing me? Thanks.
Answer The SOl is based on the Date of Last Activity (DLA) which is the date of last payment or charge against the account. In your case it would be 10/02.
The SOL is different for each state so look on line to confirm the satatute for your state.
It is up to them to prove you owe the money, not visa versa. You do not have to answer their questions. If you want to fight this you will probably need legal counsel in your area. They will probably get their judgment whether you fight it or not. If you get a hearing ask for proof of debt and make sure you ask for reduced interest.
