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Debt Collection Dispute Steps
Summary
In South Carolina, debt collectors must adhere to the Fair Debt Collection Practices Act (FDCPA), ensuring accurate reporting and verification of debts. If discrepancies arise, you can dispute them by writing a dispute letter, sending it via certified mail, and keeping records. The statute of limitations for debt collection is 3 years for written contracts, oral contracts, promissory notes, and open-ended accounts. If a collection agency is not licensed in South Carolina, they may not legally sue for a debt. To challenge such a lawsuit, gather evidence of the agencys lack of licensing and file a motion to dismiss. Consider consulting legal resources or an attorney for personalized advice.Full Conversation
my payment dates veruse the posted and Effective dates are all different
It sounds like you're dealing with discrepancies in debt collection records. Here are some important details to check regarding payment dates:
- Payment Date: The date you made the payment.
- Posted Date: When the payment was recorded by the collector.
- Effective Date: When the payment was actually applied to your account.
Is there a specific instance or date that stands out as particularly problematic?
- Payment Date: The date you made the payment.
- Posted Date: When the payment was recorded by the collector.
- Effective Date: When the payment was actually applied to your account.
Is there a specific instance or date that stands out as particularly problematic?
I made the payment on */* the billing states that the effective date on the billing is */* ans the posted date is */*
It sounds like there's a potential issue with how the payment dates are being recorded. In North Carolina, debt collectors must accurately report payment information under the Fair Debt Collection Practices Act (FDCPA).
- Payment Date: */*
- Effective Date: */*
- Posted Date: */*
Would you like to know more about how to dispute this discrepancy with the debt collector?
- Payment Date: */*
- Effective Date: */*
- Posted Date: */*
Would you like to know more about how to dispute this discrepancy with the debt collector?
my payment dates veruse the posted and Effective dates are all different this is being handled in sc
It seems like you have a potential issue with how your payments are being recorded. Under the Fair Debt Collection Practices Act (FDCPA), accurate reporting is required.
Would you like guidance on how to dispute this discrepancy with the debt collector?
Would you like guidance on how to dispute this discrepancy with the debt collector?
What are Sc laws on specific billing inacceuries when being sued by a debt collector
In South Carolina, debt collectors must adhere to the Fair Debt Collection Practices Act (FDCPA). Here are some key points:
- Accurate Reporting: Debt collectors must accurately report all payment information.
- Verification: You have the right to request verification of the debt.
- Dispute: If there are inaccuracies, you can dispute the debt in writing.
Would you like to know the steps to dispute the discrepancy?
- Accurate Reporting: Debt collectors must accurately report all payment information.
- Verification: You have the right to request verification of the debt.
- Dispute: If there are inaccuracies, you can dispute the debt in writing.
Would you like to know the steps to dispute the discrepancy?
yes
To dispute the discrepancy with a debt collector in South Carolina, follow these steps:
*. Write a Dispute Letter: Clearly state the inaccuracies and provide supporting documentation.
*. Send via Certified Mail: Ensure you have proof of receipt.
*. Keep Records: Maintain copies of all correspondence.
Would you like a template for the dispute letter?
*. Write a Dispute Letter: Clearly state the inaccuracies and provide supporting documentation.
*. Send via Certified Mail: Ensure you have proof of receipt.
*. Keep Records: Maintain copies of all correspondence.
Would you like a template for the dispute letter?
yes
To help you with your dispute, here's a template for the dispute letter:
---
[Your Name]
[Your Address]
[City, State, Zip Code]
[Date]
[Debt Collector’s Name]
[Debt Collector’s Address]
[City, State, Zip Code]
Subject: Dispute of Debt Information
Dear [Debt Collector's Name],
I am writing to dispute the information regarding the debt account [Account Number]. I have identified several discrepancies as follows:
- Payment Date: */*
- Effective Date: */*
- Posted Date: */*
These discrepancies need to be corrected. Attached are copies of my records supporting my dispute.
Please investigate this matter and correct the inaccuracies. I request a written confirmation that these corrections have been made.
Sincerely,
[Your Name]
---
Would you like more information on what to include as supporting documentation?
---
[Your Name]
[Your Address]
[City, State, Zip Code]
[Date]
[Debt Collector’s Name]
[Debt Collector’s Address]
[City, State, Zip Code]
Subject: Dispute of Debt Information
Dear [Debt Collector's Name],
I am writing to dispute the information regarding the debt account [Account Number]. I have identified several discrepancies as follows:
- Payment Date: */*
- Effective Date: */*
- Posted Date: */*
These discrepancies need to be corrected. Attached are copies of my records supporting my dispute.
Please investigate this matter and correct the inaccuracies. I request a written confirmation that these corrections have been made.
Sincerely,
[Your Name]
---
Would you like more information on what to include as supporting documentation?
I am being sued by rock creek capital for sallie mae student loans. What are some weak spots to win and. review with in the information that have sent for verification in Sc
To find weak spots in the lawsuit by Rock Creek Capital:
*. Verify Debt Ownership: Ensure Rock Creek Capital legally owns your Sallie Mae debt.
*. Check Statute of Limitations: Confirm the debt isn't time-barred (3 years for written contracts in North Carolina).
*. Accuracy of Records: Look for discrepancies in payment records, amounts, and dates.
*. Proper Documentation: Ensure they provide complete documentation proving the debt.
Would you like guidance on how to gather and organize this information?
*. Verify Debt Ownership: Ensure Rock Creek Capital legally owns your Sallie Mae debt.
*. Check Statute of Limitations: Confirm the debt isn't time-barred (3 years for written contracts in North Carolina).
*. Accuracy of Records: Look for discrepancies in payment records, amounts, and dates.
*. Proper Documentation: Ensure they provide complete documentation proving the debt.
Would you like guidance on how to gather and organize this information?
yes
To gather and organize information for your defense against the lawsuit:
*. Verify Debt Ownership: Request proof that Rock Creek Capital legally owns your debt.
*. Check Statute of Limitations: Confirm the debt isn't beyond the *-year limit in North Carolina.
*. Accuracy of Records: Look for discrepancies in payment records, amounts, and dates.
*. Proper Documentation: Ensure all documentation proving the debt is complete and accurate.
Would you like a detailed checklist for verifying these points?
*. Verify Debt Ownership: Request proof that Rock Creek Capital legally owns your debt.
*. Check Statute of Limitations: Confirm the debt isn't beyond the *-year limit in North Carolina.
*. Accuracy of Records: Look for discrepancies in payment records, amounts, and dates.
*. Proper Documentation: Ensure all documentation proving the debt is complete and accurate.
Would you like a detailed checklist for verifying these points?
yes
To help you gather and organize information for your defense, here's a detailed checklist:
*. Verify Debt Ownership:
- Request proof that Rock Creek Capital legally owns your Sallie Mae debt.
- Check for assignment documents and ensure they are properly signed.
*. Check Statute of Limitations:
- Confirm the debt isn't beyond the *-year limit in North Carolina.
- Verify the last date of payment or acknowledgment of debt.
*. Accuracy of Records:
- Compare the payment dates, amounts, and account numbers with your records.
- Look for any inconsistencies or errors.
*. Proper Documentation:
- Ensure all documentation proving the debt is complete and accurate.
- Verify the original loan agreement, payment history, and any correspondence.
Would you like a template for requesting these documents from Rock Creek Capital?
*. Verify Debt Ownership:
- Request proof that Rock Creek Capital legally owns your Sallie Mae debt.
- Check for assignment documents and ensure they are properly signed.
*. Check Statute of Limitations:
- Confirm the debt isn't beyond the *-year limit in North Carolina.
- Verify the last date of payment or acknowledgment of debt.
*. Accuracy of Records:
- Compare the payment dates, amounts, and account numbers with your records.
- Look for any inconsistencies or errors.
*. Proper Documentation:
- Ensure all documentation proving the debt is complete and accurate.
- Verify the original loan agreement, payment history, and any correspondence.
Would you like a template for requesting these documents from Rock Creek Capital?
how does statute of limitations work for private student loans that has been sold off
The statute of limitations for private student loans in North Carolina works as follows:
- Written Contracts: The statute of limitations is 3 years.
- Start Date: It begins from the date of the last payment or acknowledgment of the debt.
- Sold Loans: The sale of the loan does not reset the statute of limitations.
Would you like more information on how to determine the start date for your specific loan?
- Written Contracts: The statute of limitations is 3 years.
- Start Date: It begins from the date of the last payment or acknowledgment of the debt.
- Sold Loans: The sale of the loan does not reset the statute of limitations.
Would you like more information on how to determine the start date for your specific loan?
yes
To determine the start date for the statute of limitations on your specific loan:
*. Last Payment: Identify the date you made your last payment on the loan.
*. Acknowledgment: Note any written acknowledgment of the debt after the last payment.
*. Loan Sale: Confirm the sale date, but remember this does not reset the statute.
Would you like guidance on how to request your payment history from the debt collector?
*. Last Payment: Identify the date you made your last payment on the loan.
*. Acknowledgment: Note any written acknowledgment of the debt after the last payment.
*. Loan Sale: Confirm the sale date, but remember this does not reset the statute.
Would you like guidance on how to request your payment history from the debt collector?
What to look for in the bill of sale that was sent with a summons for a debt collector to. verify iof they own the debt
To verify if the debt collector owns the debt, look for the following in the bill of sale:
- Assignment Details: Ensure the debt was legally transferred to the collector.
- Signatures: Verify that both the original creditor and the debt collector have signed the document.
- Account Information: Check if your account details are accurately listed.
- Date of Sale: Confirm the sale date aligns with your records.
Would you like to know how to dispute the debt if you find discrepancies?
- Assignment Details: Ensure the debt was legally transferred to the collector.
- Signatures: Verify that both the original creditor and the debt collector have signed the document.
- Account Information: Check if your account details are accurately listed.
- Date of Sale: Confirm the sale date aligns with your records.
Would you like to know how to dispute the debt if you find discrepancies?
yes
To dispute the debt if you find discrepancies in the bill of sale, follow these steps:
*. Write a Dispute Letter: Clearly outline the discrepancies and provide supporting documentation.
*. Send via Certified Mail: Ensure you have proof of receipt.
*. Request Verification: Ask for additional documentation to verify the debt ownership.
Would you like a template for the dispute letter?
*. Write a Dispute Letter: Clearly outline the discrepancies and provide supporting documentation.
*. Send via Certified Mail: Ensure you have proof of receipt.
*. Request Verification: Ask for additional documentation to verify the debt ownership.
Would you like a template for the dispute letter?
yes
To help you with your dispute, here's a template for the dispute letter:
---
[Your Name]
[Your Address]
[City, State, Zip Code]
[Date]
[Debt Collector’s Name]
[Debt Collector’s Address]
[City, State, Zip Code]
Subject: Dispute of Debt Information
Dear [Debt Collector's Name],
I am writing to dispute the information regarding the debt account [Account Number]. I have identified several discrepancies in the bill of sale, including:
- Assignment Details: [Describe discrepancies]
- Signatures: [Describe discrepancies]
- Account Information: [Describe discrepancies]
- Date of Sale: [Describe discrepancies]
These discrepancies need to be corrected. Attached are copies of my records supporting my dispute. Please investigate this matter and provide additional documentation to verify the debt ownership. I request a written confirmation that these corrections have been made.
Sincerely,
[Your Name]
---
Would you like more information on what supporting documentation to include?
---
[Your Name]
[Your Address]
[City, State, Zip Code]
[Date]
[Debt Collector’s Name]
[Debt Collector’s Address]
[City, State, Zip Code]
Subject: Dispute of Debt Information
Dear [Debt Collector's Name],
I am writing to dispute the information regarding the debt account [Account Number]. I have identified several discrepancies in the bill of sale, including:
- Assignment Details: [Describe discrepancies]
- Signatures: [Describe discrepancies]
- Account Information: [Describe discrepancies]
- Date of Sale: [Describe discrepancies]
These discrepancies need to be corrected. Attached are copies of my records supporting my dispute. Please investigate this matter and provide additional documentation to verify the debt ownership. I request a written confirmation that these corrections have been made.
Sincerely,
[Your Name]
---
Would you like more information on what supporting documentation to include?
how to dispute a e lectronic signed promissary note in court
To dispute an electronically signed promissory note in court, consider these steps:
*. Verify Signature Validity:
- Confirm the electronic signature complies with the Electronic Signatures in Global and National Commerce Act (E-SIGN Act).
*. Check Authentication:
- Ensure there is proper authentication of the signer's identity at the time of signing.
*. Review Terms:
- Look for any discrepancies or unfair terms in the promissory note.
*. Provide Evidence:
- Gather any evidence that supports your claim that the signature is invalid or the terms are incorrect.
Would you like a template for challenging the promissory note in court?
*. Verify Signature Validity:
- Confirm the electronic signature complies with the Electronic Signatures in Global and National Commerce Act (E-SIGN Act).
*. Check Authentication:
- Ensure there is proper authentication of the signer's identity at the time of signing.
*. Review Terms:
- Look for any discrepancies or unfair terms in the promissory note.
*. Provide Evidence:
- Gather any evidence that supports your claim that the signature is invalid or the terms are incorrect.
Would you like a template for challenging the promissory note in court?
yes
Case Rating: *
To help you challenge the electronically signed promissory note in court, here's a template to get you started:
---
[Your Name]
[Your Address]
[City, State, Zip Code]
[Date]
[Judge’s Name or Court Clerk]
[Name of the Court]
[Address of the Court]
[City, State, Zip Code]
Subject: Challenge to Electronic Signature on Promissory Note
Dear [Judge’s Name or Court Clerk],
I am writing to formally challenge the validity of the electronically signed promissory note presented by [Debt Collector/Creditor’s Name] regarding debt account [Account Number]. I believe there are issues with the authenticity and validity of the electronic signature under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act).
The specific points of contention are as follows:
- Signature Validity: [Describe any doubts about the compliance with E-SIGN Act]
- Authentication: [Explain why you believe the authentication of the signer’s identity is questionable]
- Discrepancies in Terms: [Describe any unfair or incorrect terms in the promissory note]
- Supporting Evidence: [List any evidence you have thatsupports your claim, such as communication records, previous agreements, or expert opinions]
I request that the court investigates these discrepancies and considers them in the evaluation of this case. I have attached copies of my records and evidence supporting my claim.
Thank you for your attention to this matter.
Sincerely,
[Your Name]
---
Would you like more information on how to gather and present evidence in court?
To help you challenge the electronically signed promissory note in court, here's a template to get you started:
---
[Your Name]
[Your Address]
[City, State, Zip Code]
[Date]
[Judge’s Name or Court Clerk]
[Name of the Court]
[Address of the Court]
[City, State, Zip Code]
Subject: Challenge to Electronic Signature on Promissory Note
Dear [Judge’s Name or Court Clerk],
I am writing to formally challenge the validity of the electronically signed promissory note presented by [Debt Collector/Creditor’s Name] regarding debt account [Account Number]. I believe there are issues with the authenticity and validity of the electronic signature under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act).
The specific points of contention are as follows:
- Signature Validity: [Describe any doubts about the compliance with E-SIGN Act]
- Authentication: [Explain why you believe the authentication of the signer’s identity is questionable]
- Discrepancies in Terms: [Describe any unfair or incorrect terms in the promissory note]
- Supporting Evidence: [List any evidence you have thatsupports your claim, such as communication records, previous agreements, or expert opinions]
I request that the court investigates these discrepancies and considers them in the evaluation of this case. I have attached copies of my records and evidence supporting my claim.
Thank you for your attention to this matter.
Sincerely,
[Your Name]
---
Would you like more information on how to gather and present evidence in court?
What has Rock Creek capital done in past. civil. suits for student loans and lost
Here's some general guidance on how to research past civil suits involving Rock Creek Capital:
*. Public Records: Check court records in the jurisdiction where the case was filed.
*. Legal Databases: Use platforms like PACER or Justia to find case details.
*. News Articles: Search for any news reports covering lawsuits against Rock Creek Capital.
*. Consumer Websites: Forums like BBB or Consumer Affairs might have relevant complaints.
Would you like tips on how to access these records?
*. Public Records: Check court records in the jurisdiction where the case was filed.
*. Legal Databases: Use platforms like PACER or Justia to find case details.
*. News Articles: Search for any news reports covering lawsuits against Rock Creek Capital.
*. Consumer Websites: Forums like BBB or Consumer Affairs might have relevant complaints.
Would you like tips on how to access these records?
yes
To access records for past civil suits involving Rock Creek Capital:
*. Public Records: Visit the website of the court where the case was filed and search their database.
*. Legal Databases: Sign up for platforms like PACER or Justia to search for case details.
*. News Articles: Use search engines to find news reports about lawsuits against Rock Creek Capital.
*. Consumer Websites: Check forums like BBB or Consumer Affairs for complaints and discussions.
Would you like to know more about how to use PACER or Justia?
*. Public Records: Visit the website of the court where the case was filed and search their database.
*. Legal Databases: Sign up for platforms like PACER or Justia to search for case details.
*. News Articles: Use search engines to find news reports about lawsuits against Rock Creek Capital.
*. Consumer Websites: Check forums like BBB or Consumer Affairs for complaints and discussions.
Would you like to know more about how to use PACER or Justia?
how does statute of limitations work for debt collection in. regards to filing suit.
In North Carolina, the statute of limitations for debt collection works as follows:
- Written Contracts: 3 years from the date of the last payment or acknowledgment of debt.
- Oral Contracts: 3 years.
- Promissory Notes: 5 years.
- Open-Ended Accounts (e.g., credit cards): 3 years.
Would you like more information on how to determine if your debt is time-barred?
- Written Contracts: 3 years from the date of the last payment or acknowledgment of debt.
- Oral Contracts: 3 years.
- Promissory Notes: 5 years.
- Open-Ended Accounts (e.g., credit cards): 3 years.
Would you like more information on how to determine if your debt is time-barred?
yes
To determine if your debt is time-barred in North Carolina:
*. Last Payment: Identify the date of your last payment.
*. Acknowledgment: Note any written acknowledgment of the debt after the last payment.
*. Debt Type: Confirm whether your debt is a written contract, oral contract, promissory note, or open-ended account.
Would you like guidance on how to obtain your payment history from the debt collector?
*. Last Payment: Identify the date of your last payment.
*. Acknowledgment: Note any written acknowledgment of the debt after the last payment.
*. Debt Type: Confirm whether your debt is a written contract, oral contract, promissory note, or open-ended account.
Would you like guidance on how to obtain your payment history from the debt collector?
how does statute of limitations work for debt collection in. regards to filing suit in south carolina
In South Carolina, the statute of limitations for debt collection is as follows:
- Written Contracts: 3 years from the date of the last payment or acknowledgment of debt.
- Oral Contracts: 3 years.
- Promissory Notes: 3 years.
- Open-Ended Accounts (e.g., credit cards): 3 years.
Would you like more information on how to determine if your debt is time-barred?
- Written Contracts: 3 years from the date of the last payment or acknowledgment of debt.
- Oral Contracts: 3 years.
- Promissory Notes: 3 years.
- Open-Ended Accounts (e.g., credit cards): 3 years.
Would you like more information on how to determine if your debt is time-barred?
yes
To determine if your debt is time-barred in South Carolina, follow these steps:
*. Last Payment: Identify the date of your last payment.
*. Acknowledgment: Note any written acknowledgment of the debt after your last payment.
*. Debt Type: Confirm whether your debt is a written contract, oral contract, promissory note, or open-ended account.
Would you like guidance on how to obtain your payment history from the debt collector?
*. Last Payment: Identify the date of your last payment.
*. Acknowledgment: Note any written acknowledgment of the debt after your last payment.
*. Debt Type: Confirm whether your debt is a written contract, oral contract, promissory note, or open-ended account.
Would you like guidance on how to obtain your payment history from the debt collector?
My last payment was on */*/* the Summons & Complaint was filed on */*/* by the debt collector please advuse if ststue of limits apply's
In North Carolina, the statute of limitations for written contracts, including debt collection, is 3 years from the date of the last payment or acknowledgment of debt.
Your last payment was on */*/*, and the Summons & Complaint was filed on */*/*, which is within the *-year limit.
Would you like more information on how to respond to the Summons & Complaint?
Your last payment was on */*/*, and the Summons & Complaint was filed on */*/*, which is within the *-year limit.
Would you like more information on how to respond to the Summons & Complaint?
The debitor provide me a payment history but some of the dates are not corrected how to underminde that. in court. to get the case dismissed.
To undermine the incorrect dates in court and potentially get the case dismissed:
*. Gather Evidence:
- Collect your payment receipts and bank statements.
- Compare them with the provided payment history.
*. Highlight Discrepancies:
- Clearly document the differences between your records and the debtor's records.
*. File a Motion:
- File a motion to dismiss the case based on inaccurate records.
- Attach your evidence and a detailed explanation of the discrepancies.
Would you like guidance on how to draft the motion to dismiss?
*. Gather Evidence:
- Collect your payment receipts and bank statements.
- Compare them with the provided payment history.
*. Highlight Discrepancies:
- Clearly document the differences between your records and the debtor's records.
*. File a Motion:
- File a motion to dismiss the case based on inaccurate records.
- Attach your evidence and a detailed explanation of the discrepancies.
Would you like guidance on how to draft the motion to dismiss?
yes
To help you draft the motion to dismiss, here's a template to get you started:
---
[Your Name]
[Your Address]
[City, State, Zip Code]
[Date]
[Judge’s Name or Court Clerk]
[Name of the Court]
[Address of the Court]
[City, State, Zip Code]
Subject: Motion to Dismiss - Case No. [Case Number]
Dear [Judge’s Name or Court Clerk],
I am writing to request the dismissal of the case filed by [Debt Collector's Name] regarding debt account [Account Number]. Upon review of the provided payment history, I have identified several discrepancies that undermine the accuracy and validity of the claim. The specific issues are as follows:
- Incorrect Payment Dates: [Describe discrepancies with specific dates]
- Mismatched Amounts: [Describe any inconsistencies in payment amounts]
- Supporting Evidence: [List any evidence you have, such as payment receipts and bank statements]
I have attached copies of my records and evidence supporting my claim. These discrepancies indicate that the payment history provided by the debt collector is inaccurate.
I respectfully request that the court dismiss this case based on the incorrect and unreliable records presented by the plaintiff. Thank you for your attention to this matter.
Sincerely,
[Your Name]
---
Would you like more information on how to file this motion with the court?
---
[Your Name]
[Your Address]
[City, State, Zip Code]
[Date]
[Judge’s Name or Court Clerk]
[Name of the Court]
[Address of the Court]
[City, State, Zip Code]
Subject: Motion to Dismiss - Case No. [Case Number]
Dear [Judge’s Name or Court Clerk],
I am writing to request the dismissal of the case filed by [Debt Collector's Name] regarding debt account [Account Number]. Upon review of the provided payment history, I have identified several discrepancies that undermine the accuracy and validity of the claim. The specific issues are as follows:
- Incorrect Payment Dates: [Describe discrepancies with specific dates]
- Mismatched Amounts: [Describe any inconsistencies in payment amounts]
- Supporting Evidence: [List any evidence you have, such as payment receipts and bank statements]
I have attached copies of my records and evidence supporting my claim. These discrepancies indicate that the payment history provided by the debt collector is inaccurate.
I respectfully request that the court dismiss this case based on the incorrect and unreliable records presented by the plaintiff. Thank you for your attention to this matter.
Sincerely,
[Your Name]
---
Would you like more information on how to file this motion with the court?
yes
To file your motion to dismiss with the court, follow these steps:
*. Prepare the Motion:
- Use the provided template to draft your motion to dismiss.
- Attach all supporting evidence, including payment receipts and bank statements.
*. File the Motion:
- Visit the courthouse where your case is filed.
- Submit your motion to the court clerk.
- Pay any required filing fees.
*. Serve the Plaintiff:
- Serve a copy of the motion to the debt collector or their attorney.
Would you like guidance on how to serve the motion to the plaintiff?
*. Prepare the Motion:
- Use the provided template to draft your motion to dismiss.
- Attach all supporting evidence, including payment receipts and bank statements.
*. File the Motion:
- Visit the courthouse where your case is filed.
- Submit your motion to the court clerk.
- Pay any required filing fees.
*. Serve the Plaintiff:
- Serve a copy of the motion to the debt collector or their attorney.
Would you like guidance on how to serve the motion to the plaintiff?
how should my payment histyory be listed to verify with debit collection agency
To verify your payment history with a debt collection agency, list your payments as follows:
- Payment Date: The date you made the payment.
- Amount Paid: The exact amount you paid.
- Posted Date: The date the payment was recorded by the collector.
- Effective Date: The date the payment was applied to your account.
- Method of Payment: How the payment was made (e.g., check, online transfer).
Would you like a template to format your payment history?
- Payment Date: The date you made the payment.
- Amount Paid: The exact amount you paid.
- Posted Date: The date the payment was recorded by the collector.
- Effective Date: The date the payment was applied to your account.
- Method of Payment: How the payment was made (e.g., check, online transfer).
Would you like a template to format your payment history?
does a collection agency have to be registed in the state of SC to sue for a collections they have purcahsed?
In South Carolina, a collection agency must generally be licensed and registered to engage in collection activities, including filing lawsuits, for debts they have purchased. This ensures they comply with state regulations.
Would you like guidance on how to check if the collection agency is properly registered in South Carolina?
Would you like guidance on how to check if the collection agency is properly registered in South Carolina?
yes
To check if the collection agency is properly registered in South Carolina, follow these steps:
*. South Carolina Department of Consumer Affairs:
- Visit their website to search for licensed collection agencies.
- Use their online database or contact them directly.
*. Secretary of State:
- Check the South Carolina Secretary of State’s website for business registration.
Would you like links to these resources or further assistance with the search?
*. South Carolina Department of Consumer Affairs:
- Visit their website to search for licensed collection agencies.
- Use their online database or contact them directly.
*. Secretary of State:
- Check the South Carolina Secretary of State’s website for business registration.
Would you like links to these resources or further assistance with the search?
yes
To check if the collection agency is properly registered in South Carolina, you can use the following resources:
~South Carolina Department of Consumer Affairs
- Website: [South Carolina DCA](https://www.consumer.sc.gov/)
- Phone: (*) *-*
- Website: [South Carolina DCA](https://www.consumer.sc.gov/)
- Phone: (*) *-*
~South Carolina Secretary of State
- Website: [SC Secretary of State](https://sos.sc.gov/)
- Business Search: [Business Entities Online](https://businessfilings.sc.gov/businessfiling)
Would you like more information on how to interpret the results of your search?
- Website: [SC Secretary of State](https://sos.sc.gov/)
- Business Search: [Business Entities Online](https://businessfilings.sc.gov/businessfiling)
Would you like more information on how to interpret the results of your search?
If a debit vollection agency is regaristed with the state but is not licsnesed in the state of sc. as a debt collector can they legally sue me foe a debt they purcahsed.
In South Carolina, a debt collection agency must be licensed to legally engage in collection activities, including filing lawsuits. If they are registered but not licensed, they may not have the legal standing to sue you for a debt they purchased.
Would you like advice on how to use this information to challenge the lawsuit?
Would you like advice on how to use this information to challenge the lawsuit?
yes
To challenge the lawsuit based on the collection agency not being licensed in South Carolina:
*. Gather Evidence:
- Obtain proof that the agency is not licensed (e.g., from the South Carolina Department of Consumer Affairs).
*. Prepare Your Defense:
- Highlight that the collection agency lacks the necessary license to legally sue for the debt.
*. File a Motion to Dismiss:
- Draft a motion to dismiss the case based on the agency's lack of licensing.
- Attach evidence that supports your claim.
Would you like a template for the motion to dismiss based on the lack of licensing?
*. Gather Evidence:
- Obtain proof that the agency is not licensed (e.g., from the South Carolina Department of Consumer Affairs).
*. Prepare Your Defense:
- Highlight that the collection agency lacks the necessary license to legally sue for the debt.
*. File a Motion to Dismiss:
- Draft a motion to dismiss the case based on the agency's lack of licensing.
- Attach evidence that supports your claim.
Would you like a template for the motion to dismiss based on the lack of licensing?
What are the fedral regaulation debit collectorsmust abide by
Debt collectors must follow federal regulations under the Fair Debt Collection Practices Act (FDCPA). Key points include:
- Accurate Reporting: Must provide accurate information about the debt.
- Verification: You have the right to request verification of the debt.
- No Harassment: Cannot engage in abusive or harassing behavior.
- Communication Restrictions: Cannot contact you at inconvenient times or places.
- Cease Communication Request: Must stop contacting you upon request.
Would you like more details on any specific point?
- Accurate Reporting: Must provide accurate information about the debt.
- Verification: You have the right to request verification of the debt.
- No Harassment: Cannot engage in abusive or harassing behavior.
- Communication Restrictions: Cannot contact you at inconvenient times or places.
- Cease Communication Request: Must stop contacting you upon request.
Would you like more details on any specific point?
yes
To provide more details on specific points of the Fair Debt Collection Practices Act (FDCPA):
*. Accurate Reporting:
- Debt collectors must provide truthful information about the debt, including the amount owed and the name of the original creditor.
*. Verification:
- You can request a written validation of the debt within 30 days of the initial contact. The collector must provide verification before continuing collection efforts.
*. No Harassment:
- Debt collectors cannot use threats, profane language, repeated phone calls intended to annoy, or any other forms of harassment.
*. Communication Restrictions:
- They cannot contact you before * AM or after * PM unless you agree.
- They cannot contact you at work if they know your employer disapproves.
*. Cease Communication Request:
- If you send a written request to stop communication, they must comply, except to notify you of specific actions like filing a lawsuit.
Would you like more information on any of these specific points or guidance on how to exercise your rights under the FDCPA?
*. Accurate Reporting:
- Debt collectors must provide truthful information about the debt, including the amount owed and the name of the original creditor.
*. Verification:
- You can request a written validation of the debt within 30 days of the initial contact. The collector must provide verification before continuing collection efforts.
*. No Harassment:
- Debt collectors cannot use threats, profane language, repeated phone calls intended to annoy, or any other forms of harassment.
*. Communication Restrictions:
- They cannot contact you before * AM or after * PM unless you agree.
- They cannot contact you at work if they know your employer disapproves.
*. Cease Communication Request:
- If you send a written request to stop communication, they must comply, except to notify you of specific actions like filing a lawsuit.
Would you like more information on any of these specific points or guidance on how to exercise your rights under the FDCPA?
yes
To exercise your rights under the Fair Debt Collection Practices Act (FDCPA), follow these steps:
*. Accurate Reporting:
- Request a detailed statement of the debt, including the original amount, accrued interest, and fees.
*. Verification:
- Send a written request for debt validation within 30 days of initial contact. The collector must cease collection until they provide verification.
*. No Harassment:
- Document any abusive or threatening behavior. File a complaint with the Consumer Financial Protection Bureau (CFPB).
*. Communication Restrictions:
- Inform the collector in writing if contacting you at certain times or places is inconvenient.
*. Cease Communication Request:
- Send a certified letter requesting that the collector stops contacting you, except to inform you of specific actions.
Would you like a template for any of these written requests?
*. Accurate Reporting:
- Request a detailed statement of the debt, including the original amount, accrued interest, and fees.
*. Verification:
- Send a written request for debt validation within 30 days of initial contact. The collector must cease collection until they provide verification.
*. No Harassment:
- Document any abusive or threatening behavior. File a complaint with the Consumer Financial Protection Bureau (CFPB).
*. Communication Restrictions:
- Inform the collector in writing if contacting you at certain times or places is inconvenient.
*. Cease Communication Request:
- Send a certified letter requesting that the collector stops contacting you, except to inform you of specific actions.
Would you like a template for any of these written requests?
does the. statu of limittions applys to the date of the summons and complaint has been filed?
The statute of limitations in North Carolina is based on the date the last payment was made or the debt was last acknowledged. For debt collection, the key date is when the Summons and Complaint were filed with the court, not when they were served to you. Since your Summons and Complaint were filed on */*/* and your last payment was on */*/*, the filing date is within the *-year statute of limitations for written contracts in North Carolina.
Would you like more information on how to respond to the Summons and Complaint?
Would you like more information on how to respond to the Summons and Complaint?
what must I veifiy. on documents a debt collector sent me to v erifiy a debt
To verify the documents a debt collector sent you, check for the following:
- Account Balance: Ensure the amount matches your records.
- Creditor Information: Verify the name of the original creditor.
- Account Number: Confirm the account number is accurate.
- Dates: Check the dates of the alleged debt.
- Payment History: Compare with your records for accuracy.
Would you like guidance on how to dispute any discrepancies you find?
- Account Balance: Ensure the amount matches your records.
- Creditor Information: Verify the name of the original creditor.
- Account Number: Confirm the account number is accurate.
- Dates: Check the dates of the alleged debt.
- Payment History: Compare with your records for accuracy.
Would you like guidance on how to dispute any discrepancies you find?
yes
To dispute discrepancies you find in the documents sent by the debt collector, follow these steps:
*. Write a Dispute Letter:
- Clearly outline the specific discrepancies.
- Provide supporting documentation from your records.
*. Send via Certified Mail:
- Ensure you have proof of receipt for your records.
*. Request Verification:
- Ask for more detailed documentation to verify the debt.
Would you like a template for the dispute letter?
*. Write a Dispute Letter:
- Clearly outline the specific discrepancies.
- Provide supporting documentation from your records.
*. Send via Certified Mail:
- Ensure you have proof of receipt for your records.
*. Request Verification:
- Ask for more detailed documentation to verify the debt.
Would you like a template for the dispute letter?
If im disputingthe. statue of limitations of a case in court what proof do I need
To dispute the statute of limitations of a case in court, you need the following proofs:
- Last Payment Date: Bank statements or payment receipts showing the date of your last payment.
- Acknowledgment Records: Any written acknowledgments of the debt after the last payment (e.g., emails, letters).
- Date Filed: Proof of when the Summons & Complaint was filed by the debt collector.
Would you like a template for presenting this information in court?
- Last Payment Date: Bank statements or payment receipts showing the date of your last payment.
- Acknowledgment Records: Any written acknowledgments of the debt after the last payment (e.g., emails, letters).
- Date Filed: Proof of when the Summons & Complaint was filed by the debt collector.
Would you like a template for presenting this information in court?
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