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Asset Acceptance Question

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Tuscani
Moderator Emeritus

Re: Asset Acceptance Question



KDM wrote:
Just out of curiosity, what is the SOL in California? 



CALIFORNIA %

INTEREST RATE

Legal: 10%

Judgment: 10% (Unless otherwise contracted)

STATUTE OF LIMITATIONS (IN YEARS)

Open Acct.: Reduced to writing-4

Open Acct.: No writing-2

Written Contract: 4

Domestic Judgment: 10 (renewable at 10)

Foreign Judgment: 10 (commencing with judgment debtor's commencement of CA. residence.)

BAD CHECK LAWS (CIVIL PENALTY)

Amount due, Treble damages - minimum $100 maximum $1500 per check

GENERAL GARNISHMENT EXEMPTIONS

See federal law. Exemptions for necessaries of life.

COLLECTION AGENCY BOND & LICENSE

No license or bond required.

Message 11 of 16
MercyMe
Frequent Contributor

Re: Asset Acceptance Question

I agree with NewWorldMan.  Ignore them.  Eventually, they will go away -- only to pop up again in another 5-10 years.
 


Message Edited by MercyMe on 05-21-2007 05:24 PM
Message 12 of 16
Tuscani
Moderator Emeritus

Re: Asset Acceptance Question

FYI... Asset is very responsive if you utilize the MI AG.
Message 13 of 16
Boswd
Valued Contributor

Re: Asset Acceptance Question

I wouldn't ignore it just yet.   I would find out what type of contract a phone bill falls under.  I'm not sure if it's an opened ended or a written contract.   If it is a written contract they will have up to 2010 to try and legally collect.   and if so I would just do the settlement.   If it's an open ended contract, I would send a cease and desist letter and tell them it is beyond the statute of limitations.
Message 14 of 16
Anonymous
Not applicable

Re: Asset Acceptance Question

I wouldn't ignore it just yet.   I would find out what type of contract a phone bill falls under.  I'm not sure if it's an opened ended or a written contract.   If it is a written contract they will have up to 2010 to try and legally collect.   and if so I would just do the settlement.   If it's an open ended contract, I would send a cease and desist letter and tell them it is beyond the statute of limitations.
 
How do I go about finding out this information - written contract of opened ended.
 
TIA
Message 15 of 16
Tuscani
Moderator Emeritus

Re: Asset Acceptance Question

Oral Contract: You've agreed to pay money back via a verbal agreement. This can include your word, his word and a witness. These are harder to prove but are recognized as "oral contract".

Written Contract: You have signed a contract or document promising to repay a loan or debt. Example is medical bills, cell phone bill, closed end signature loan or some secured loans like auto.

Promissory Note: It is like a contract loan except it contains more information about payback. Such information can be interest, principal, late fees etc. A home loan or HELOC can be a promissory note.

 


Open Ended Accounts: Just what it says, "open end" ie: a credit card debt or revolving line of credit- can be paid down and reused repeatedly.
 
It is interesting how alot of attorneys and of course some CAs state credit cards are not open accounts and yet the wording is quite clear in federal law.

http://www4.law.cornell.edu/uscode/15/1602.html

(f)(2) is the person to whom the debt arising from the consumer credit transaction is initially payable on the face of the evidence of indebtedness or, if there is no such evidence of indebtedness, by agreement. Notwithstanding the preceding sentence, in the case of an open-end credit plan involving a credit card.

(i) The term "open end credit plan" means a plan under which the creditor reasonably contemplates repeated transactions, which prescribes the terms of such transactions, and which provides for a finance charge which may be computed from time to time on the outstanding unpaid balance. A credit plan which is an open end credit plan within the meaning of the preceding sentence is an open end credit plan even if credit information is verified from time to time.

http://www.ftc.gov/bcp/conline/pubs/credit/fcb.htm

The law applies to "open end" credit accounts, such as credit cards, and revolving charge accounts - such as department store accounts. It does not cover installment contracts - loans or extensions of credit you repay on a fixed schedule. Consumers often buy cars, furniture and major appliances on an installment basis, and repay personal loans in installments as well.

Message 16 of 16
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