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Expert: Robert Paisola - 5/10/2006


Question
What is the time limit for a collection company to bring suit in municipal court for a credit card debt from 1996?  We have been recieving calls and letters from a debt collector for about three months.  They claim that they are going to place a lien on our home if we do not pay the debt.  My husband sent a certified letter to the collection company requesting proof of the debt, but no response has been received.  However, we recieved a certified letter today from our local courts.  

Answer
Hello Charles,

Thanks for posting your question on this forum.

It looks to me like you are dealing with a debt collection agency that has bought OUT OF STATUTE PAPER.  What that means is that some collection agency or attorney has purchased your original debt that was due in a bulk sale called a portfolio.

Most of the time these accounts are so old that they can not even be reported on your credit report.

Well, that is exactly what is happening to you.

The account that the company is attempting from is OLD.  They are prohibited by the terms of the Fair Credit Reporting Act to add it to your credit report.

So the only option that they have is to sue you, IF the statute of limitations has not passed.

Here is a good link to review all of the statutes in all 50 States on the limitations:

http://www.creditinfocenter.com/rebuild/statuteLimitations.shtml

In Ohio, you will notice that the Statute for an Open Ended Account (Which is what a credit card falls under is only six years)

So, based upon this, here is what I want you to do.

1.  Send another certified letter to this debt collection company and the court that sent you the letter demanding that they produce all of the original MEDIA on the file. That means that you want each and every statement and each and every charge slip. They are REQUIRED to provide this to you.

Once you send this demand letter to the agency, they will realize that you understand that this account is out of statute and that their threats are not only immoral but ILLEGAL, as they CAN NOT LIEN YOUR HOME without a court judgment, and the debt is out of statute so there will be no order.

2. Send a copy of this letter to the collection agency and demand that they provide you with a letter declaring that the account be closed.

If they still call you and play the threatening game, record the calls and get the tapes to me and we will post them on our site and you will probably have an FDCPA claim for 10K for EACH CALL THEY MAKE TO YOU.

Charles, thank you for taking the time to write to me.  I am here if you need anything!

Have a Great Day!

Robert Paisola
CEO
Western Capital Financial Services

ABOUT YOUR AUTHOR:

Robert Paisola is driven by a passion for people--motivating them to reach for the highest standards of success. As founder and president of many International Corporations, Robert trains sales and marketing
professionals who want to strive to get to the top...and stay there.

His innovative, no-nonsense approach is based on applying what he has observed in his fifteen-plus years in sales, motivational speaking and debt collection training, thus revealing the common business habits of the top 20% of
sales performers in all organizations.

Robert's approach works...that's why New York-based Success Magazine has rated Robert Paisola as one of the top-five most effective sales-training professional in the market today.

Routinely Distinguished by The National Speakers Forum, Robert is also a regular contributor to Business Week
Magazine, CNN, CNNFN, XM Satellite Radio, The Wall Street Journal, Telemundo International, National Public Radio and many other organizations.

For more information on Robert Paisola's unique training programs, contact Robert at Western Capital at robert@mycollector.com or at 1-877-517-9555 or visit
http://www.allexperts.com/displayExpert.asp?Expert=38419 or visit www.RobertPaisola.com  

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I wanted to take a moment to talk to our clients and readers around the world.
We are facing a VERY SERIOUS and COMPLEX financial disaster in the United States taking place. I am being overwhelmed by victims of companies such as American Express, Nationwide Credit, Allied Interstate, Unifund, and our company Western Capital.
We have also been getting massive exposure from the international media because of the video that we posted on YOUTUBE where we show our live conversation with AMEX and Nationwide Credit. You can see this video at www.MyWesternCapital.com
The Bottom line is that if you have been abused, buy an MP3 Recorder and email us your outline of whats going on. If we accept you, you will be required to pay 500.00 via PayPal.com to robert@mycollector.com and we will do the same for you as you see in the video. I will only take 5 clients a week, because of my speaking schedule.
Again... If you have been scammed, I will personally assist you. If you are a business owner visit my special message for you at www.westerncapitalturnaround.com and send your specific details also to vip@westerncapitalturnaround.com
To your Success,
Robert Paisola www.RobertPaisola.com 801-619-4700 or 1-877-517-9555


As the CEO of Western Capital MyCollector.com , based in Salt Lake City, Utah, Robert Paisola has been distinguished as a foremost expert in the field of debt collection, credit, creditors rights and collection agency administration. Having appeared on many national news and information programs, Mr. Paisola is the expert the media turns to when a creditor/ debtor issue becomes HOT! Check out the web site at www.mycollector.com for more information. If you have a special situation that you need personal assistance with, simply visit www.WesternCapitalVIP.com and you will be on your way to resolving your crisis!

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Over the past few years as I have been able to assist many of you in this and other varous forums, I have been asked over and over about the possibility of hiring me personally to resolve your specific issues.

If your situation is one of crisis - losing a home, serious collection stress, attorney involvement, tax issues, etc, a reduced rate can be provided for direct one-on-one help.

In matters where you have a lot to lose, it may be wise to call our offices at 1-877-517-9555 and ask for Lisa to see if she can set you up as a private client.

Due to my extensive travel schedule, I will not always be able to take all cases, but my goal is to assist as many people as possible.

Most of the time, we get results very quickly and we cut through all the red tape.

Are you the owner or manager of a credit and collections department? Visit www.mycollector.com and spend some time looking around.

You can now have Have Robert Paisola provide on-site training for your collectors and call center employees.

Just Call Western Capital at 1-877-517-9555 for more information or email Robert at trainings@mycollector.com

Finally, If you feel like your life is running in circles and you feel like you have lost all hope, check out Impact Trainings in Utah at www.impacttrainings.com and tell whomever you end up talking with that I personally sent you. I PERSONALLY recommend this program to all of my students, It may be the biggest challenge you ever face...YOU!

UPDATE 7-2006 We are noticing that many of the complaints that you have are against debt collection companies.( Listen to the calls at http://www.WesternCapitalTurnaround.com and you will clearly see that we may be able to assist you.

If you are looking for an attorney to merely churn papers, then I am not the solution. If you are mad as hell and want RESULTS email me now at robert.allexperts@mycollector.com and lets talk. You can also visit http://www.WesternCapitalVIP.com

WOW! I feel like I never get any sleep! YOU ARE MY CAUSE! I LOVE WHAT I DO! But, Sometimes CONFLICT is necessary to PROTECT YOU. JUST GO TO THE SITE AND BE PREPARED TO BE BLOWN AWAY!!!!!!

Also, please take the time to provide your feedback and understand that I WILL ALWAYS REPLY, and take that into consideration when you rate for answering your question QUICKLY!

I have logged in from seminars in India, Germany, Hong Kong, The United Kingdon, China, Japan and all over the world to assist YOU in a timely manner!

Please Visit www.RobertPaisola.com for all of the details!


We are taking this mission very seriously and have received over 2 Million Hits on our site at www.MyCollector.com in the past 90 days.
That shows that YOUR VOICE IS BEING HEARD!

Finally, let me say that I am honored that you are taking the time to read this. We have worked very hard to create CHANGE in the collection industry and we know that you have many choices on this incredible site to submit your questions to, and I am more than happy to assist you! Just Please provide the positive feedback when you receive a reply!

UPDATE- 4-2007 LISTEN TO A LIVE 3 STAGE CALL to ALLIED INTERSTATE AND INTELLIRISK- AS THEY VIOLATE FEDERAL LAW....WITH ROBERT PAISOLA! Robert Paisola wins $30,000 in FDCPA Damages in 45 Minutes! GO TO www.MyWesternCapital.com/news_allied.html NOW! This is a LIVE AUDIO FEED THAT WILL GIVE YOU AN IDEA HOW YOU HAVE TO DEAL WITH COLLECTORS WHO CROSS THE LINE. IF YOU HAVE HAD PROBLEMS LET US KNOW!

UPDATE OCTOBER 2006- NATIONWIDE CREDIT IS NAILED TO THE CROSS BY ROBERT PAISOLA FOR MULTIPLE FDCPA VIOLATIONS- CLASS ACTION LAWSUIT IN PROCESS- MILLIONS TO BE PAID! LISTEN TO THE LIVE CALL AT MYCOLLECTOR.COM

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