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Scavenger Debt Collectors

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Friends,
I'm new to the forum, so here is my story in brief.
I encountered an overwhelming debt situation with unsecured consumer debt (credit cards) more than 10 years ago. I decided it was a waste of time to attempt paying them down, so I just let go of those cards and payments.

I went overseas on missionary work for 3 years, then returned and have gradually built a modest debt free life this time. I rent, and own 2 old vehicles payment free. I've gradually rebuilt my credit from ashes and even 2 credit cards which I use very carefully. They are a 2 edged sword!

Recently more then 10 years later, I am receiving notices from this scam outfit:
Law Offices of Mitchell N. Kay, P.C. , attempting to offer me a pay off on some of my debts from more than 10 years ago. Statute of Limatations runs out on these kind of debt in 3-4 years in most states. They are at best what is known as a scavenger debt collector. At best that means that they bought the rights to that debt from the original creditor for 2-5 cents on the dollar. At worst they are totally scamming with no rights to the original debt.

DO NOT PAY THEM A PENNY. DO NOT ADMIT TO ANY DEBT. DO NOT AGREE TO A DEBT. DO NOT SEND THEM ANY MONEY.

They are the object of a class action suit right now with lawcash.com.
Please check out that website. There is much free legal help out there. Just search on google and open your eyes.

Beware the scavenger debt collectors and stand up for your rights. They depend on people's fear and ignorance. Don't feed them.

-James




ricjil
Posts: 225
Credits: 3566

Sub: #1 You are right. One must be cautious of scavenger debt collectors
Wed, 02/07/2007 - 10:54

You are right. One must be cautious of scavenger debt collectors. They seem to be not bothered by any of the federal and state laws. The FDCPA is designed just to keep them within their normal behavior and give legal protection to the consumers.

I disagree with you about not paying the debts that you owe. You have this debt since the last 10 years and is always valid until paid. It is your personal decision not to pay anything just because it is past the SOL and the reporting timeframe. If someone wants to pay these kinds of debts, it will be reported in their credit file with a positive remark. If one wants to pay the past debts, it will be a good decision for improving credit worthiness. But make sure that it goes to the right place and doesn't get into the pockets of any shady collectors.




texaslawyer
Debt Samaritan
Posts: 258
Credits: 265.25

Sub: #2 You should also be aware that leaving the state/country may toll
Wed, 02/07/2007 - 11:35

You should also be aware that leaving the state/country may toll the statute of limitations, meaning the time away may not count towards the SOL. It would be wise to check your dates again if you intend to rely on the SOL defense if you get sued.




ricjil
Posts: 225
Credits: 3566

Sub: #3 Sol period is not counted as long as you stay from the country.
Wed, 02/07/2007 - 14:49

Sol period is not counted as long as you stay from the country. This is a bummer!!!

I know it happens only when there is a payment or when you agree to pay the debt (if it can be proven).

Texaslawyer, please say more on this.. It will be better if you can show where this law is mentioned.




texaslawyer
Debt Samaritan
Posts: 258
Credits: 265.25

Sub: #4 Each state has its own statute of limitations for each type of c
Wed, 02/07/2007 - 15:55

Each state has its own statute of limitations for each type of claim. For example, Texas Civil Practices & Remedies Code Title 2 Section 16.063 states "The absence from this state of a person against whom a cause of action may be maintained suspends the running of the applicable statute of limitations for the period of the person's absence."

If the SOL has run, making even a small payment or reaffirming the debt may be able to start it all over again. It is important to remember the SOL is a defense which is supposed to put some finality on how long a claim stays alive, but a creditor/CA can still file suit against you. You will then have to file an answer and claim SOL as your defense. Most lawyers will not file a lawsuit if they know the SOL has run, but some lawyers might, especially if they think you will not file an answer.

I guess the important thing to remember is that you can still try to resolve a debt that is past the SOL, but you better make sure you have the terms in writing and that you can meet the terms of your agreement. If not, the SOL is probably restarted. The end result is that you go from a position where a lawsuit could not survive against you to a position where you could have a judgment hanging over your head.

One last thing needs to be said about the SOL. Once it has run, fear of legal action should not force you into resolving a debt. However if you are trying to resolve it for credit score reasons or because you feel a moral obligation, make sure you are protected. I will have more to say on the moral obligation later, probably a post of its own.




Cow & Chicken
Posts: 3571
Credits: 39167.1

Sub: #5 I'm dealing with some scavenger debt collectors myself right now
Fri, 02/09/2007 - 07:26

I'm dealing with some scavenger debt collectors myself right now. They are big on threats but I don't get intimated anymore. They haven't validated my dv requests yet so I am sending out follow up letters. I wonder if I will hear anything back. I am meeting with my attorney on Monday morning to file suit against one of them. It's going to get interesting LOL!




Bossy4455

Posts: 5855
Credits: 74303.05

Sub: #6 Good for you Mishele!! I've been dealing with one for over a yea
Sat, 02/10/2007 - 08:26

Good for you Mishele!! I've been dealing with one for over a year now, LVNV. They don't validate, just pass it on to another of their many offices!!..Karen-go get 'em girlie :D




Jedi Mistress Ari

Posts: 2193
Credits: 31545

Sub: #7 The way I see it, the SOL defense is rolling over and playing de
Mon, 03/26/2007 - 16:21

The way I see it, the SOL defense is rolling over and playing dead when one really should step up to the plate and take responsibility. Even if it is just $10 monthly, is still more honorable. My deepest sympathies are for those who have fallen on hard times and can't make ends meet, but I used to talk to people who had the means to clear their debt, but chose to hide behind that SOL and it made me so sick. Not wanting to deal with a junk debt buyer is understandable, it is always possible to deal with the original creditor.




texaslawyer
Debt Samaritan
Posts: 258
Credits: 265.25

Sub: #8 The SOL defense is a legal right for someone to plead this affir
Mon, 03/26/2007 - 18:32

The SOL defense is a legal right for someone to plead this affirmative defense in their response to a lawsuit being filed against them. It is not about playing dead or being dishonorable.

As stated before, if you make arrangements to repay any debt, make sure you can live up to the terms. Otherwise you will find the SOL starting over.

Junk debt buyer means they bought the debt. You cannot deal with the original creditor once a debt is sold/assigned to someone else. Giving money to someone other than the actual owner of the debt is throwing money away because it does not reduce the debt.




Jedi Mistress Ari

Posts: 2193
Credits: 31545

Sub: #9 From my own experience, I did go over the heads of a third party
Mon, 03/26/2007 - 18:54

From my own experience, I did go over the heads of a third party agency and settle with my original creditor. This was after I found out how much of my mail my ex-husband was throwing away. I was mortified when this happened to me. My ex-husband, any many of the debtors I had to deal with, were the kind of people who throw away their bills with shrug, suggesting that they are "just paper". He and every career debtor like him deserve to be sued. It's people like this who do nothing except take take take don't deserve to have any law to hide behind.

Like I stated earlier, I sympathize for those who have truly taken a hard fall. People who screw society and turn this country into a leper colony can just go to hell.




Cow & Chicken
Posts: 3571
Credits: 39167.1

Sub: #10 Texas, I agree with a lot of what you said here. The SOL is
Tue, 03/27/2007 - 05:52

Texas,

I agree with a lot of what you said here. The SOL is there for a reason. I'm not trying to hide behind any law or nor do I consider myself a career debtor. I made some poor financial decisions in my life and so has my husband. I have been fighting with a couple of "scavenger" CA's since last winter regarding two debts that were written off. I have not been able to find out if the debts were purchased or just turned over. In the meantime, I have been making payments to the original creditor. Now I wonder if I was just throwing money out of the window but the CA's have not validated my debts yet. I say this now because I just got an updated copy of my credit report where these two say they were purchased by another lender. People do fall on hard times. I was laid off from my job in January and we've been having enough problems just trying to meet our regular bills.




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