Author Topic: Got a letter from ConServe Debtis 4 years old. SOL for Calif is 4 years.  (Read 592 times)

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jacky123

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ConServe sent me a notice for collection of a debt. They are asking for validation of debt. This credit card debt has just reached the 4 year limit for California, where I live. My last payment was Sept 2013. I'll send them a letter asking for validation. Do I also tell them this debt has reached the SOL for California?
In a lawsuit the first to speak seems right,
until someone comes forward and cross-examines.
Proverbs 18:17

Flyingifr

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Re: Got a letter from ConServe Debtis 4 years old. SOL for Calif is 4 years.
« Reply #1 on: September 20, 2017 04:14:31 PM »
I would hold off on that. No need to tip your hand yet.
BTW-the Flyingifr Method does work. (quoted from Hannah on Infinite Credit, September 19, 2006)

I think of a telephone as a Debt Collector's crowbar. With such a device it is possible to pry one's mouth open wide enough to allow the insertion of a foot or two.

Debtors Exams are the perfect place for us Senior Citizens to show off our recently acquired Alzheimers.

Founder of the Credit Terrorist Training Camp (Debtorboards)

jacky123

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Re: Got a letter from ConServe Debtis 4 years old. SOL for Calif is 4 years.
« Reply #2 on: September 20, 2017 04:56:48 PM »
I will send them a letter asking for validation and not say anything else. I keep track of the county court records just incase a debt collector tries anything.
In a lawsuit the first to speak seems right,
until someone comes forward and cross-examines.
Proverbs 18:17

Bubbles

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Re: Got a letter from ConServe Debtis 4 years old. SOL for Calif is 4 years.
« Reply #3 on: September 20, 2017 07:18:32 PM »
If debt is time-barred, dunning letter should state as much, with a statement that they won't sue.

Make sure you know when these actions accrue in CA. If accrual is date of default, which I think it is for breach of contract, then that might be some 30 days after last payment, extending SOL into October. Be careful!

« Last Edit: September 20, 2017 08:34:13 PM by Bubbles »

jacky123

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Re: Got a letter from ConServe Debtis 4 years old. SOL for Calif is 4 years.
« Reply #4 on: September 20, 2017 09:18:55 PM »
I have 30 days to respond. I'll do that in about 2 weeks. By that time it will be 30 days after my last payment. I already have one judgement against me from Discover Card. They haven't gotten anything. I don't know what they think they will get. I have nothing they can take. The lawyer for Discovery Card told me that when they got a judgement.
In a lawsuit the first to speak seems right,
until someone comes forward and cross-examines.
Proverbs 18:17

CleaningUp

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Re: Got a letter from ConServe Debtis 4 years old. SOL for Calif is 4 years.
« Reply #5 on: September 21, 2017 12:03:53 AM »
What does the Discovery contract say about when an account goes into default.

Use their definition to establish when the SOL clock began to run.

jacky123

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Re: Got a letter from ConServe Debtis 4 years old. SOL for Calif is 4 years.
« Reply #6 on: September 21, 2017 12:43:03 AM »
What does the Discovery contract say about when an account goes into default.

Use their definition to establish when the SOL clock began to run.

The notice I got was from ConServe. They are going after a credit union card I had. Discover Card got the judgement in 2015. I would think the other debt collector, for another card, would know this. Maybe third party debt collectors don't take the time to look at a person's assets or if they already have a judgement against them for a different card.
In a lawsuit the first to speak seems right,
until someone comes forward and cross-examines.
Proverbs 18:17

CleaningUp

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Re: Got a letter from ConServe Debtis 4 years old. SOL for Calif is 4 years.
« Reply #7 on: September 21, 2017 01:34:54 AM »
They are collecting on a judgment...very different from collecting on a debt.  Diffferent SOL; the judgement is a NEW DEBT.   Conserv is either collecting on the debt for the judgement creditor or they have purchased the rights to the paper.

Check your state's laws on how long judgments stick around...It's usually a hefty chunk of time with the possibility of having the clock reset by their renewing the judgement.

They can also haul you back into court for a debtors exam.

And while you think, and it probably is, a waste of time, that's not how these guys look at things.  They see you as a source of money, no matter what you want to say or what the reality is.

Don't get back into thinking that is you have convince one joker to go away that ALL jokers will go with them.




jacky123

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Re: Got a letter from ConServe Debtis 4 years old. SOL for Calif is 4 years.
« Reply #8 on: September 21, 2017 03:37:26 AM »
ConServe is trying collect on a debt from a credit union. This is a different card from Discover Card. I defaulted on 4 credit cards. There is no judgement on the credit union card. ConServe may have bought the debt and now trying to collect.

Discover Card got a judgement. Another card was forgiven, I got a 1099. Another card is past the 4 year SOL. This card (Credit Union card) just hit the 4 year SOL.


"Don't get back into thinking that is you have convince one joker to go away that ALL jokers will go with them. ".....that is so true.
In a lawsuit the first to speak seems right,
until someone comes forward and cross-examines.
Proverbs 18:17

CleaningUp

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Re: Got a letter from ConServe Debtis 4 years old. SOL for Calif is 4 years.
« Reply #9 on: September 21, 2017 02:58:45 PM »
My error...your saga CAN get confusing...

Don't think that getting a 1099 means that you won't hear from subsequent collector...Portfolio has a zombie of mine from 2005 that they are trying to collect on.  They're getting very close to understanding what "refuse to pay" and "cease and desist" actually mean.

jacky123

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Re: Got a letter from ConServe Debtis 4 years old. SOL for Calif is 4 years.
« Reply #10 on: September 21, 2017 07:47:10 PM »
Did you know that Bank of America tried to collect on debts they had forgiven and already sent out 1099's. The court told B of A where they could go....not going to happen.

I keep track of my cases in Superior Court. The files are public in my county.
In a lawsuit the first to speak seems right,
until someone comes forward and cross-examines.
Proverbs 18:17