Author Topic: CA & Credit Card Machine Lease  (Read 4015 times)

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Corinne1111

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CA & Credit Card Machine Lease
« on: November 03, 2011 04:38:49 PM »
I have just received a demand letter for a credit card machine lease of 9 years ago. Had to turn the machine in as store closed. It wass originally written off, now Pushpin Holdings LLc has sent a letter. I called them and they told me I would have to go to Illinois to court, I live in Florida,, and they would garnish my bank account and house. help please someone. I do have a small house and live on a disabilty check.

Admin0619

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Re: CA & Credit Card Machine Lease
« Reply #1 on: November 04, 2011 12:40:20 AM »
I have just received a demand letter for a credit card machine lease of 9 years ago. Had to turn the machine in as store closed. It wass originally written off, now Pushpin Holdings LLc has sent a letter. I called them and they told me I would have to go to Illinois to court, I live in Florida,, and they would garnish my bank account and house. help please someone. I do have a small house and live on a disabilty check.

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montag

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Re: CA & Credit Card Machine Lease
« Reply #2 on: November 04, 2011 04:20:14 PM »
Check the SOL in your state for this situation.  I find it hard to believe that you are still within SOL,  who is asking for this money?  It could be a JBD.

Corinne1111

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Re: CA & Credit Card Machine Lease
« Reply #3 on: November 05, 2011 03:37:58 AM »
The letter came from Pushpin Holdings from NY NY. The SOL in Florida for written agreements is 4 or 5 years. I do not know what a JBD is. They told me because the lease came from Illinois it had to be filed there, and I would have to go to court there. I returned the machine after I had to close my 1 person run little antigue shop because of my accident.  I must admit this has scared me,, as I do not know if they are for real or what. Thanks for rereplying.

Fighting Irish

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Re: CA & Credit Card Machine Lease
« Reply #4 on: November 05, 2011 03:50:13 AM »
A JDB is a Junk Debt Buyer.

Because this is business debt, not consumer, they may be right. Are they collecting for the cost of the machine, or for payments?

If it's for the cost of the machine, may I assume that you never paid anything for it, nor did you return it?

Make sure that you are outside of the SOL, then you can send them a FOAD letter. Let them try to sue you: it's illegal, and your damages are the amount that they are trying to collect, along with any expenses that you incur defending against them, as well as any violations they hand you after receiving the FOAD letter.

Dang it, Jim! I'm a nurse, not an attorney!

(The rest of you, keep that in mind, too.)

Corinne1111

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Re: CA & Credit Card Machine Lease
« Reply #5 on: November 05, 2011 04:31:10 AM »
Please excuse my ignorance, but what is a FOAD letter? I returned the machine immediately. The money owed was for the lease. The original company sent letters periodically and I would tell them I could not afford to pay anything yet, as I was still not back to work, then all letters stopped. That was about 5 or 6 or7 years ago. Now this new Pushpin HoldingsLLC is sending me demands, pay or go to court.

Corinne1111

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Re: CA & Credit Card Machine Lease
« Reply #6 on: November 05, 2011 06:11:03 AM »
What is a FOAD letter?

deepkimchee

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Re: CA & Credit Card Machine Lease
« Reply #7 on: November 05, 2011 07:19:27 AM »
**** off and die.
I refuse to let a piece of paper intimidate me

My statements are educated/non-educated guesses, not legal advice

Flyingifr

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Re: CA & Credit Card Machine Lease
« Reply #8 on: November 05, 2011 11:28:27 AM »
I have just received a demand letter for a credit card machine lease of 9 years ago. Had to turn the machine in as store closed. It wass originally written off, now Pushpin Holdings LLc has sent a letter. I called them and they told me I would have to go to Illinois to court, I live in Florida,, and they would garnish my bank account and house. help please someone. I do have a small house and live on a disabilty check.

They are deliberately leaving out a couple of important facts:

1: The IL Statute of Limitations is  years for Breach of Contract for Sale. Since the debt is 9 years old, it is Out of Statute. Source: http://www.statuteoflimitations.net/illinois_statute_of_limitations.htm

2: If they choose to start a lawsuit in Illinois, Illinois law requires that the summons be served by a Sheriff.  However, since you are no longer in Illinois, they must find a qualified Process Sever in Florida.

Here are the relevant IL laws:

Quote
Sec. 2‑202. Persons authorized to serve process; Place of service; Failure to make return.
    (a) Process shall be served by a sheriff, or if the sheriff is disqualified, by a coroner of some county of the State. A sheriff of a county with a population of less than 2,000,000 may employ civilian personnel to serve process. In counties with a population of less than 2,000,000, process may be served, without special appointment, by a person who is licensed or registered as a private detective under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 or by a registered employee of a private detective agency certified under that Act as defined in Section (a‑5). A private detective or licensed employee must supply the sheriff of any county in which he serves process with a copy of his license or certificate; however, the failure of a person to supply the copy shall not in any way impair the validity of process served by the person. The court may, in its discretion upon motion, order service to be made by a private person over 18 years of age and not a party to the action. It is not necessary that service be made by a sheriff or coroner of the county in which service is made. If served or sought to be served by a sheriff or coroner, he or she shall endorse his or her return thereon, and if by a private person the return shall be by affidavit.

Sec. 2‑208. Personal service outside State. (a) Personal service of summons may be made upon any party outside the State. If upon a citizen or resident of this State or upon a person who has submitted to the jurisdiction of the courts of this State, it shall have the force and effect of personal service of summons within this State; otherwise it shall have the force and effect of service by publication.
    (b) The service of summons shall be made in like manner as service within this State, by any person over 18 years of age not a party to the action. No order of court is required. An affidavit of the server shall be filed stating the time, manner and place of service. The court may consider the affidavit, or any other competent proofs, in determining whether service has been properly made.
    (c) No default shall be entered until the expiration of at least 30 days after service. A default judgment entered on such service may be set aside only on a showing which would be timely and sufficient to set aside a default judgment entered on personal service within this State.
(Source: P.A. 82‑280.)

3: Florida does not allow wage garnishment of the principal wage earner in the family.

4: Your disability cannot be garnished at all, nor can the bank account it goes into if that is the sole source of deposits into that account.

5: Your Statutory Homestead Exemption in Florida probably covers all your equity in your house, so they probably cannot attach that.

6:Pushpin Holdings is a Junk Debt Buyer who knowingly buys Out of Statute debt that they can get for  just a  couple of pennies on the dollar. Their business model is to contact you, act like gangbusters and scare a quick payment out of you to re-set the statute of Limitations and then sue. Don't fall for it. You have a solid SOL defense in both FL and IL.
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.

Morality of Debt? No one ever went to the Nether Regions for not paying a debt.

Founder of the Credit Terrorist Training Camp (Debtorboards)

Fighting Irish

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Re: CA & Credit Card Machine Lease
« Reply #9 on: November 05, 2011 08:09:21 PM »
That solid SOL defense is why you can get away with the FOAD letter.

It's basically inviting them to sue you, because you WILL win.
Dang it, Jim! I'm a nurse, not an attorney!

(The rest of you, keep that in mind, too.)

Corinne1111

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Re: CA & Credit Card Machine Lease
« Reply #10 on: November 05, 2011 09:07:04 PM »
Thanks so much for all your information everyone. I am glad I found this site aand met you all. I was never in Illinois. The credit card machine actually came from Michigan and I assume the lease people were from Illinois. I do not remember as payments came out of the bank, the machine used. I know I broke the lease,, really had no choice.  So do you think I should write them a letter,, or just forget this nightmare happened? It is a horrible feeling to be threatened. I will definately recommend this site if I know anyone that needs help. You are all amazing. Thanks.

Admin0248

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Re: CA & Credit Card Machine Lease
« Reply #11 on: November 05, 2011 09:10:05 PM »
Thanks so much for all your information everyone. I am glad I found this site aand met you all. I was never in Illinois. The credit card machine actually came from Michigan and I assume the lease people were from Illinois. I do not remember as payments came out of the bank, the machine used. I know I broke the lease,, really had no choice.  So do you think I should write them a letter,, or just forget this nightmare happened? It is a horrible feeling to be threatened. I will definately recommend this site if I know anyone that needs help. You are all amazing. Thanks.

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Flyingifr

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Re: CA & Credit Card Machine Lease
« Reply #12 on: November 06, 2011 01:07:48 AM »
If you were never in Illinois then just where was this machine used? Where would Pushpin think Illinois has jurisdiction if the machine was never in Illinois?
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.

Morality of Debt? No one ever went to the Nether Regions for not paying a debt.

Founder of the Credit Terrorist Training Camp (Debtorboards)

CleaningUp

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Re: CA & Credit Card Machine Lease
« Reply #13 on: November 06, 2011 01:11:39 AM »
Because the lease company in is Illinois.

Bet it's CIT.

Remember, this is a business transaction.


Flyingifr

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Re: CA & Credit Card Machine Lease
« Reply #14 on: November 06, 2011 07:57:57 AM »
Because the lease company in is Illinois.

Bet it's CIT.

Remember, this is a business transaction.

Just because they are in Illinois doesn't mean Illinois has jurisdiction. Where was this business  located?

I could set up a leasing company based in Prudhoe Bay, Alaska and lease stuff all over America, that does not mean all my customers have to travel to Alaska whenever I decide to sue them.
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.

Morality of Debt? No one ever went to the Nether Regions for not paying a debt.

Founder of the Credit Terrorist Training Camp (Debtorboards)

 

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