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Collections Law/SOL in PA on collecting Debts

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Mr Paisola
           I have a question that maybe you could help me with. My 68yr old mother had a problem with credit cards a few years back, She fell behind on some of her payments because of health problems, So I step in and settled What I thought was all her credit cards accounts. Now she has 1 account with a collection agency that they tell me They brought from MBNA. I'm trying to make this as short as I can but do want to give you the facts. This account has had no activity on it for the last 4yrs, but after talking to the attorney general's office here in PA they tell me that there is no SOL in PA and that I should talk to a Attorney. Would you know if there is a SOL on collecting on this debt?   The debt may be vaild forever but Collecting the debt may end after a certain time limit. This may be something that you have come across before. I have seen Credit card sites that have said the SOL in PA is 4yrs and this is what I'm thinking that they are talking about. Thank-you  Jim Stover

Answer
Good Evening Jim,

Thanks for taking the time to write to me to discuss your grandmothers issue.

One thing that I notice as I deal with clients that are over 65 is that there are usually people like yourself who are waiting in line to "Bail them Out"

I am not sure that I agree with this philosophy, because as a debt collector, and as a debt collections trainer, see www.mywesterncapital.com/people.html I emphasise that it is essential to find out as a collector the resources that a debtor has to pay the account.  That is one of the key methods of collecting, simply probe and ask questions until the debtor tells you, the collector, where the money is, just like your issue.

Bottom line, I do not suggest paying ANYTHING on an account that has been purchased by a secondary or third placement agency.  Especially if the debtor is 68 years old, with no assets and a mere social security check as income.

Regarding the laws in the State of Pennsylvania, I did some research and found the following at:
http://www.cardreport.com/laws/statute-of-limitations.html

You will notice that it lists all of the statute of limitations code sites in the number of years for each type of debt.

In Pennsylvania, the facts are:

VERBAL CONTRACTS     4 YEARS
WRITTEN CONTRACTS    6 YEARS
PROMISSORY NOTES     4 YEARS
OPEN ACCOUNTS        6 YEARS

So, as you can see, it appears that the statute runs for 6 years on Written and Open Accounts.

BUT, As someone who is in the business of buying and selling these portfolios, I would NEVER encourage ANYONE to pay on a PURCHASED account.

Let me be clear. If you owe Citibank and Citibank Calls, make a payment arrangement, but after 180 days from THE DATE OF LAST ACTIVITY, meaning the last date that there was activity on the account THE BANK MUST CHARGE OFF THE ACCOUNT as a bad debt.

This is a little known fact, so in a situation where you owe 10K on a visa card, is it beneficial for you to make a "small token payment" on the account?

ABSOLUTELY NOT!

Let the account charge off and then deal head to head with the banks collection agencies for about the next 9 months.  After running the account through 2-3 Collection Agencies, the bank will poll all of the bad accounts and sell them to an agency for pennies on the dollar.

At this point, you still refuse to pay, and DEMAND THAT THEY PROVIDE YOU WITH ALL OF THE "MEDIA" to back up their claim.  Media is the internal term used for the original application and the billing statements and the receipts that were signed.

Tell them that you will NOT PAY unless they provide the MEDIA to support the  claim.

Most of the time, you will never see the media, because the debt collector is simply trying to get as much money as he can from the call.  

By following my strategy, you can see, that a debt collector will be sick of dealing with you in minutes.  I have hundreds of hours of recordings with other collection agencies that simply fold and close the account as uncollectable.

This is why I have chosen to assist people like you and your grandmother in this forum.  To show people that there is ANOTHER way of dealing with bad debt.  If you want to hear one of my debt collection training seminars, simply goto www.mycollector.com and click on my picture on the front page.  The audio will begin!

And this my friend is why agencies pay me $10,000 per week to train their collection teams.

I hope that this has assisted you and your grandmother.  If you need any further assistance, simply email me at robert@mycollector.com and I will be happy to assist you
and if you feel that the advice was helpful, leave feedback on the site so others can learn also!

Have an incredible day!

Robert Paisola

Jim, I wanted to add one thing, I believe that it is essential for you to listen to the audio portion of AN ACTUAL DEBT COLLECTOR TRAINING that I did in Miami Florida. The direct link is: http://www.mywesterncapital.com/WhyBeACollector.wma

Listen carefully to how the collectors at the training respond when we discuss the issues of collecting from older people, foreign people and business executives.  I believe that every debt collector should listen to this, as this is only 40 minutes out of a THREE DAY TRAINING!

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 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 the Success Training Institute at www.mycollector.com or robert@mycollector.com or at 1-877-517-9555 or visit
http://www.allexperts.com/displayExpert.asp?Expert=38419  

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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

January 2007- Update- It is ESSENTIAL that you understand that ANY question that you ask is NOT being asked to AN ATTORNEY! That is the great benefit of being able to provide you, my readers, with straight forward answers. If you have ANY questions about this Disclaimer... then email us and we will provide you with a formal letter of Clarification from The State Bar Association.. So, If you are happy and understand this.... Ask Away! Also, because of the large volume of mail that I receive from around the world, it may take up to a week to get back to you, PLEASE UNDERSTAND THIS!!! I do seminars and travel all over the world, so Please be kind in your ratings of Timeliness! If you have an emergency, go to www.WesternCapitalVip.com Immediately!

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