The latest edition of Criminal Law and Procedure examines the elements of crimes, parties to crimes, and basic legal (constitutional and statutory) and factual defenses. Parties in the criminal justice system, basic constitutional framework, and the law of searches, seizures, arrests, interrogations, and other law enforcement practices are covered in detail. The process of criminal cases, from first appearance to appeal is also included.
17
Jun
What to Do When a Debt Collector Contacts You About an Old Debt?
Author: RobertF. // Category: LegalHere’s an email exchange I believe should be helpful to a lot of you out there. This is a situation where a debt collector contacts a consumer after serving a summons on the consumer for a very old debt, one likely past the statute of limitations. As with all business dealings, DON’T PAY ANYTHING UNLESS AND UNTIL THEY SHOW YOU THE PAPERWORK TO PROVE THAT THE DEBT IS WITHIN THE STATUTE OF LIMITATIONS, AS WELL AS THE CORRECT AMOUNT OF THE DEBT!!!!! Can I repeat that often enough? Probably not. Here’s the email exchange and hope it helps you out. Thanks for reading.
[Email to Bob Brennan] “I incurred the debt some years ago and my original thought was that it was past the statute of limitations regarding collection of credit card debt (which I understand to be 4 years in California) but when I looked at my credit report it then seemed that they might have beat the 4 year period by about a month. I did a bit of looking and could not find anything concrete that showed that the debt had been delinquent for more than 4 years, so I decided to call the law office listed on my summons today to see if we could work something out that was a bit more reasonable than the amount they stated on the summons (which is 4600 dollars or so which to me seemed kind of ridiculous to me seeing as my original limit on the card was 2200). The guy I got on the phone said that the amount we were looking at now was actually 6600 because the law office was involved and the best settlement he could come up with was roughly 3600 if I agreed and could pay 1/3 of that today, and then the rest over the next 2 months, which I can’t swing at the moment.
The other option from him was to start smaller payments today on the total 6600 to avoid going to court. He also told me that today might be the last day this is on the table since it was the last day of the month today, I am not sure how much of that was to try to scare me into making a bad decision or what. That did not seem all that reasonable to me, so I thought I might want to get in touch with a lawyer who specializes in this type of thing since I don’t think I am going to be able to make any progress on my own, or even figure out what I need to send back to the courts within the thirty day window I have. I have one or two other places I plan to look to try to find an old statement from the CC company that would show it was delinquent before they are saying it was, but I am not overly optimistic about finding something (sadly I was/am young and not so great with paperwork…).”
[Bob Brennan’s response] “Doesn’t sound to me like you’ve got anything to lose by fighting it in court. Debt collectors always try to get you to pay TODAY, but if they don’t have the paperwork to back up the claim, then don’t pay them and roll the dice in court. No guarantees but you may find yourself doing better or even getting the case dismissed on statute of limitations grounds. Contend statute of limitations at the trial and state that your best recollection is that the debt is well over 4 yrs. old, you have requested the back-up paperwork on the debt and the debt collector has not provided it to you. The 4 yrs. would begin to run on the date of first delinquency—you can also contact the original creditor and try to get the info from them.
Just my thoughts but I would not let them Shanghai you if they cannot provide you with the paperwork to back up their inflated claim. Where do they get the $6600 anyway? Is it in the contract? Make ‘em prove it! It’s probably a bunch of bunkum just designed only to line the pockets of the debt collector.”
Robert F. Brennan, Esq. is a principal with Brennan, Wiener & Associates, an AV-rated law firm in La Crescenta, CA.? His firm specializes in consumer protection litigation including debt collection abuse.? He can be reached at:
http://socaldebtcollectionabuse.com
My firm handles a lot of personal injury litigation, so, at the suggestion of friends and former clients, I am writing this blog on a regular basis to give readers info on how to handle their personal injury cases. I will go over several topics. My topic for the first post is: “Go Organic!”
By “organic”, I am not referring to changing your eating habits when you have a personal injury claim pending. Rather, it is an observation that juries and judges no longer accept cases where they feel there has been excessive intervention, or “tampering” by the attorneys involved.
Example: 25 years ago, someone with a personal injury claim came to an attorney. The attorney had his “stable” of doctors, chiropractors, physical therapists, etc., all ready to “treat” the patient. Of course, since the medical professionals were in essence working for the attorney, they would overtreat the patient and run up unnecessary medical bills. No matter, because the insurance companies knew of this practice and would make low settlement offers. Negotiations would ensue and the matter would usually settle, with the attorney and the medical professionals involved all adjusting their bills to make the settlement work. While no one will claim that this process was entirely honest or decent, a lot of personal injury cases resolved this way and the system essentially worked for over two decades to resolve most personal injury claims out of court.
However, beginning in the 1990’s, the scourge of “tort reformers” (big business interests) decided to re-write laws so as to deprive consumers of their day in court while preserving their own day in court. “Tort reform” is now largely an international phenomenon, because big multinational business interests want to make profit in America but do not want to be subject to America’s laws which protect consumers. Thus, big business hatched PR campaigns designed to turn consumers against attonreys and against the very justice system which protects them. The campaign began with a few insurance companies but quickly spread throughout international mega-business interests and even found a home with a whole generation of conservative politicians.
The campaign has lost some steam because, alas, American consumers suddenly have connected the strength and vitality of the court system with such things as not having dangerous lead-based paint on imported toys and in having remedies against corporate crooks who steal and bankrupt pension funds.
One lasting consequence of the campaign is that jurors now distrust personal injury plaintiffs. Plaintiffs who come to court with real injuries, having been treated by real doctors and medical professionals, still do well in court. However, plaintiffs that come into court with doctors arranged through their attorney’s office are subject to far greater scrutiny, and often lose or collect minimal damages.
The solution? In our office, we’re “going organic”. We present the case with a minimum of tampering. We encourage our clients to treat with their own doctors and go through their own medical provider systems for treatment. We present what their own doctors tell us. We don’t try to overtreat and we don’t try to inflate any injuries suffered by our clients. Nor do we understate them. We simply present what’s there to be presented. We strive to present natural cases, not cases tampered or twisted into something more than they should be.
Robert F. Brennan, Esq. is a principal with Brennan, Wiener & Associates, an AV-rated law firm in La Crescenta, CA.? His firm specializes in consumer protection litigation, personal injury and consumer class actions.? He can be reached through his website:http://socalpersonalinjury.com
US $3.98 (0 Bid)Last October 17, 2005 President George Bush’s indiscriminate bankruptcy reform law enters impression forever altering the decrees of debt compendium in the commonwealth. Consumer counselors and the world come along to constitute entirely incognizant of the aggregate and consummate triumph by the creditors under New Bankruptcy Law.
The most significant prospect of the New Bankruptcy Law codification was the “involuntary stoppage” preparation. This appropriated consumers to register for bankruptcy at anytime on the creditor’s compendium action arranging a contiguous blockage to all liaison and accumulation actions by the creditor. The novel law compels that a debtor encounter accredit guidance by an approved non-profit-making accredit guidance authority for one hundred eighty days before charging Chapter 7 and Chapter 13 bankruptcy.
Although the New Bankruptcy Law might sound beneficent, great deal better deal the functional essence of this proviso brings out the cunning desquamation by the debtor’s rightfulness’s. The one hundred eighty day demand is to allow for the accredit guidance authority the chance to elaborate defrayment program on creditors. Notwithstanding, on this equal time period the creditor isn’t bounded from accumulation attempts. For instance, Margaret is a householder in Jacksonville, and is 6 months in arrears with her mortgage. Since a decree, accredit guidance authorities entirely act on credit card societies and have brief or no directing on addressing on mortgage societies.
Loss extenuation acts since loaners drop off a fair of $28,000-$50,000 per foreclosure in the New Bankruptcy Law across the country. It’s a myth that the loaner desires your household and attains a benefit away from foreclosure. A loaner has to compensate lawyer fees, courtroom and accumulation tolls, sustain fire policy, employ a real property master, amend geomorphologic and a different equipment casualty to the household, and compensate land taxes. The householder could compute an accord on the loaner in all over ninety percent of events. Our society has allowed for housing guidance service of process to 1000s of householders and loss extenuation perfectly acts upon.
Finally, it’s up to the consumer to develop and educate themselves as more speculative case scenarios in the New Bankruptcy Law. How to bring through your household is a fantabulous disciplining instrument and will teach householders how to protect themselves with the New Bankruptcy Law.
Almost Americans don’t bear wellness or disablement indemnity and are tender to job stops since from an undynamic economic system. Who among us is resistant to affection aggresses, business enterprise bankruptcy, virgules, cases, tax spleens or some other disputes that life occasionally confronts. One payroll check is virtually what assorts a lot of families from household protection and desperation and the New Bankruptcy Law will severely penalize those who drop away in arrears on their mortgage defrayments.
