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Collections Law/Statute of Limitations
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Question
Greetings, I returned a vehicle to the creditor in Feb. 2002. They report it as Aug. 2002, but not an issue. I lived in California at the time. The lendor did not take any action until 4 years, 6 months after I voluntarly turned it in. Over the years, several debt collectors have called, written and when I tell them about the Calif. 4 year law (which is the same as Texas, I believe), they go away. I now live in Texas. I am getting calls and letters again. I have never been sued or taken to court in any way. Am I still liable and can I be taken to court for this debt?
Thank You.
Yes you can be taken to court over the debt. If you do get sued and respond in the proper way you can not only stop them but make them pay you instead. You need to learn how to handle those calls to your advantage. http://www.creditwrench.com/18questions.html . Those calls are valuable and you should not waste them. You need to use validation as soon as you get their first letter or communication. You need to start learning now before it is too late. The sooner you get started the better it will be for you.
Personally, if I were in your shoes I'd be begging them to sue me and you should too.
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Answers by Expert:
Creditwrench
Expertise
Debt Collections law, Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), federal law, how to properly answer court summons for collection cases, how to prepare federal cases against debt collectors, how to deal with debt collection phone calls.
Experience
I've been an active consumer advocate for more than 40 years and have helped hundreds of people win cases against debt collectors as well as helping them defeat demands for summary judgment lodged against them by banks, debt collectors and defeat mortgage foreclosures and keep their homes.
Education/Credentials
Paralegal courses for the most part.
I have been teaching people how to deal with judgments, mortgage foreclosures and other such problems both on and off the internet for many, many years. I am a Richard Cornforth information provider ever since 2000 and worked with many other organizations and causes since 1980. I was Oklahoma State Chairman for the nationwide drive to defeat the Constitutional Convention which was proposed by various factions within our federal government such as the Council of State Governments and the National Organization of State Governors who were working hard to organize a Constitutional Convention to be held in 1995 for the purpose of rewriting our American Constitution to be more acceptable to the United Nations. I worked with Senator Charles Duke of Colorado and Senator Don Rogers of California and many others across the nation to keep them from getting the number of delegate states required to lawfully hold a Con-Con and we were successful. I have worked with many other legislative issues in Oklahoma and have always been very successful.
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