Bad Credit Repair – Secret Weapon Fights Off Nasty Debt Collectors!
Posted by | Posted in Credit Repair | Posted on 01-08-2010
Bad credit repair secret weapon empowers you to stand up to nasty debt collectors, even debt collectors who show up at your house threatening you with lawsuit and arrest.
Debt collectors showing up at your house & threatening your wife?
You think I’m kidding, don’t you?
You don’t believe anything like this could happen, do you?
Okay, if I were in your shoes, I too would have trouble believing debt collectors could stoop so low. However, I’m not in your shoes anymore.
In fact, I haven’t been “in your shoes” for more than 10 years. That’s how long I’ve been actively helping people wake up to debt collection abuse – including nasty debt collectors.
In these 10+ years, I’ve heard horror stories from people throughout the United States. Lately, the emails I’m receiving are getting more desperate…as debt collectors appear to be turning up the heat (or so it seems).
Recently, I received the following email from Sabrina from Minnesota (another Minnesota email). As you will see, Sabrina knows more about her rights than most people:
Question: “After the Statue of Limitation is over what can you do to get them to leave you alone? If they do still contact after the 6 years to collect by Law can you do something? If not mistaken the Minnesota Statute Of Limitations For Collection Debt Is 6 Years. Right? Can a person try to collect money they think owed even after it been thrown out once or more in court by the judge? Curiosity got the best out of me tonight & maybe some one can answer these curious questions. Thanks:)”
Click Read More below now for my response to Sabrina’s debt collection question. To stop debt collectors from trying to scare the hell out of you (or your wife or even your children), you need to know your rights.
GET SMART & STAND UP
To Sabrina, I offered the following suggestions:
Sabrina,
Thank you for emailing me with your questions about statute of limitations (on collecting). To be clear, I am not an attorney and I am not – ever - telling you what to do. In fact, I often – and regularly – recommend you consult an INFORMED attorney specializing in Fair Debt Collections Practices Act (FDCPA) when faced with a debt collection lawsuit.
To begin, debt owners (whoever they might be) can call or even sue you after statute of limitations have expired on collecting and/or reporting. It’s up to you to send a certified letter to the debt collector informing it/him/her/them not to call you.
Whatever you do, confirm the alleged debt is inaccurate and/or outside statute of limitations BEFORE doing anything, unless you are being sued or you fear being sued.
If you are 100% certain the alleged debt is inaccurate, unverifiable or time barred, dispute the credit account. You also can send a certified letter to the Furnisher (rather, the debt collector reporting this alleged account), telling them not to call you. You want the account accurately reported or deleted if they cannot validate.
Dispute the account with the credit reporting agencies INACCURATELY reporting the account.
Put the burden of proof onto the BIG 3 to report accurately or delete. If the BIG 3 refuse to report accurately, you can report each/all three bureaus to the Federal Trade Commission and employ an attorney to issue an Intent To Sue complaint.
Big 3 and debt collectors (Furnishers) can be held liable for failing to report 100% accurately. I share federal law (including specific case law) on my bad credit repair DVD, 8 SECRETS TO A 680 CREDIT SCORE!
It’s my understanding (though you must confirm) that Minnesota Statute of Limitations on legal debt collecting is 6 years from Date of First Delinquency. A person/company (AKA “debt collector”) CAN try to collect after SOL have run out. It’s up to YOU (the defendant) to prove to the Court that the debt is time barred. My experience is that when a debt collector fails to prove cause of Complaint, debt collector also will not verify with Big 3.
Just because SOL on COLLECTING run out, SOL on REPORTING legally CAN take place for 7 1/2 years. Always keep in mind, debt that cannot be verified must be deleted. Bulk debt buyers do not even receive a full tape when buying debt. Many debt buyers (debt collectors) I’ve experienced simply do NOT have enough evidence to prove the debt is yours or to verify it.
Thanks again, Sabrina, for contacting me. Hopefully, I’ve addressed your curiosity.
Best of luck to you,
Mike
Bad credit repair begins with taking responsibility and getting informed on how BEST to improve your credit situation. If you owe a debt, pay what you owe. However, there’s a strategic (that is, “right”) way and a bad way to pay off a debt. When you pay off an alleged debt, you must confirm the debt is yours…you must (or should) negotiate the fees & interest…you must (or should) get a payoff letter in writing that debt collector will report a certain way to BIG 3. Now it’s your turn to scroll down and leave me a comment or ask a question or share an experience you’ve had with debt collectors. Thank you in advance for leaving me a comment. Guaranteed Unsecured Cards For Bad Credit
