help/help/threatening legal

What is the name of your state?
kentucky

Filed bankruptancy in 1997, didn't go through with it. Eventually moved to Arizona. Have negative chargeoffs and a couple of collections on my credit report, but all "last date of transaction" dates are from 96 & 97 except for one, which a collection agency is trying to put a last date of transaction in 2001 which is untrue since i haven't paid or spoken to anyone since Jan 98.

I came home to a message on my answering machine from;

International Portfolio Legal Processing, this is very extreme and final, need to contact our office before the dealine of tomorrow to avoid any further negative processing. Please contact our office or have your attorney contact us.

Is this another debt collector trying to sound legal, or should i hold my breath and call?????

most of my debt is unsecured credit cards

[Ladynred]

Don't hold your breath, and don't call either. This is likely just another scare tactic by yet another CA to collect. Typical BS message strike fear into people and if they cannot legally sue you or intend to do so, its also a violation of the FDCPA, for which YOU could sue THEM !

The statute of limitations on open accounts (credit cards) in AZ is 3 years, its 5 in KY, but if they attempt to sue you its more likely to be in your current state of residence. SOL for written contracts is 5 in KY and 6 in AZ.

So... first you must determine absolutley when you last paid on all of these accounts. Pull all 3 CR's if you haven't already. The first time they went late and you never again caught them up is the date that starts the SOL period.
If this latest CA is calling you about a credit card, the SOL has expired and they can't legally sue you for squat. IF they try it, you have the expired SOL as your affirmative defense and it gets thrown out, hopefully with prejudice. If the debt they're contacting you about is for a written contract and that's the 97/98 debt, you could be on the edge of the SOL, so its important to find those DOLA dates.

If they are, in fact, past the SOL, here's a link to an excellent letter that you can use to send them packing:

[url]http://community-2.webtv.net/Y-Chat/WhyChatsCredit/page3.html[/url]

The state statutes for both KY and AZ are on that site also - you'll need them to fill out the letter. Send it Certified RRR and keep copies of everything.

As for the CA trying to change a date to 2001, if they're trying to change the DOLA, then it is illegal re-aging and you can not only dispute with the Credit bureaus, you can and should file a complaint with the FTC, your State AG's office and the BBB. You can also sue them, re-aging is a serious violation of the FCRA.

Your advice was right on with what I thought. After reading a lot on this sight, I kind of figured what the advice would be, but needed a little more reassurance. THANKS!

[Ladynred]

You're welcome any time

"negative processing?" Must be the debt collection don't pay enough and they have to run a one-hour photo service on the side

Originally posted by ladyc4
"negative processing?" Must be the debt collection don't pay enough and they have to run a one-hour photo service on the side

slowlybutsurely: They're smart. They said "negative processing" because they aren't going to take legal action at this time and they legally can't say they are.
These "law firms" that are popping up as debt collection solutions are really starting to annoy me on general principle. I would really like to see the marketing materials these jerks provide to their prospective clients... "Cutting-edge naming assists in debtor intimidation and thus swift collection"

Ladyc4, that's the first time I've heard "negative processing" as a threat That's a good one. If I hear it again and happen to be on a phone call, I'll be sure to have that ready as a quick retort Well, not really.. but I got a good laugh thinking about it!