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  #1  
Old 10-30-2007, 06:24 PM
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Join Date: Oct 2006
Location: NYS
Posts: 6
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Law source quote for SSI and debt collection statute of limitation


What is the name of your state? New York

Can someone please tell me where I can find the specific statutes to quote by mail to a know-it-all harrassing bill collector?

I need to file a complaint with the NYS attorney general, and wish to be able to specifically quote the sections of law regarding:

debt collection and S.S.I.

and the NYS statue of limitations for debt collection (about 6 to 10 years).

I know there is a class action suit against First Consumer's credit card, which targeted low income people. They have sold the debt, and resold the debt. I wish to end this papertrail nightmare.

Somehow another collection agency "traced me" to my mother's address in Maine. The only connection is my last name. The Maine number is unlisted. My mother and I had the same p.o. box. I assume they just did some computer search. My sister was livid at a harassing phone call, and the Maine laws are more rigid concerning phone harassment. I do not live in Maine.

Anyway, although not a lawyer, a Keith Mallone of an alledged Don Burak attorney's office, although not a lawyer, tried to quote law to me. He even tried to ask how long I was on SSI.

As far as I understand, the income that matters now is what you have, not what you may have had back then. I have been on SSI for 20 plus years. Sometime ago, with a previous debt collector, I called SSI and they told me the law forbade collecting anything but child support from persons on SSI/SSD.

Without going through the circuitous searches on SSA.gov website, and trying to find the debt collection statute on my own, does anyone know of a link, or where I can find the specific law codes?What is the name of your state?

Last edited by DisabledonSSI; 10-30-2007 at 06:25 PM. Reason: mistake
  #2  
Old 10-30-2007, 08:56 PM
Senior Member
 
Join Date: Jun 2004
Posts: 7,585
6 year SOL on contracts:
Quote:
Originally Posted by CPLR §213
Actions to be commenced within six years: where not otherwise
provided for; on contract; on sealed instrument; on bond or note, and
mortgage upon real property; by state based on misappropriation of
public property; based on mistake; by corporation against director,
officer or stockholder; based on fraud.

The following actions must be commenced within six years:
1. an action for which no limitation is specifically prescribed by
law;
2. an action upon a contractual obligation or liability, express or
implied, except as provided in section two hundred thirteen-a of this
article or article 2 of the uniform commercial code or article 36-B of
the general business law;
(If you're wondering, 213-A is a rent overcharge, 36-B is home warranties, and Art 2 is sales of goods).

And I believe the SSI exemption stems from this, although I'm not 100% on it (there may be other sections):
Quote:
Originally Posted by 42 USC §407
Assignment of benefits
(a) In general
The right of any person to any future payment under this subchapter shall not be transferable or assignable, at law or in equity, and none of the moneys paid or payable or rights existing under this subchapter shall be subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law.
(b) Amendment of section
No other provision of law, enacted before, on, or after April 20, 1983, may be construed to limit, supersede, or otherwise modify the provisions of this section except to the extent that it does so by express reference to this section.
(c) Withholding of taxes
Nothing in this section shall be construed to prohibit withholding taxes from any benefit under this subchapter, if such withholding is done pursuant to a request made in accordance with section 3402(p)(1) of the Internal Revenue Code of 1986 by the person entitled to such benefit or such person’s representative payee.
Good luck.
__________________
Quote:
Originally Posted by me
Then start crying uncontrollably. If that doesn't work, fill your pants with shaving cream and start screaming about the voices in your head. Maybe they'll feel bad enough about your other problems and let you out of the ticket.
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