SOUTH FLORIDA DEBT SETTLEMENT ATTORNEYS
PROTECTING YOUR INTERESTS WITH CREDITORS
The statute of limitations is a rule that sets a time limit within which a creditor may sue you for payment of a debt. The length of time that a creditor has to sue you on an unpaid debt varies from state to state. In some states, it’s four years. In other states, it might be longer. The time limit may also depend on whether your agreement with the creditor is in writing or not, and whether the debt is a special type, like a revolving or open-ended account. To find out your state’s statute of limitations, see our state by state listing below.
If the time limit to sue on the old debt expired under your state’s statute of limitations, that does not mean that a creditor or bill collector must stop contacting you about it. They can ask you to pay the debt. They just can’t sue you (or threaten to sue you) for it.
MIDLAND CREDIT MANAGEMENT is a third party asset recover or debt collection company , and subsidiary of Encore Capital Group of San Diego, that tries to collect delinquent credit accounts and services accounts for Midland Funding, LLC.
As of Mid-April 2014, the US Consumer Financial Protection Bureau (CFPB) database listed more than 1,600 complaints against Encore Capital Group complaining that they are violating various laws, making false statements by representatives, and collecting debt that consumers do not owe.
If you believe Encore, Midland Funding or any of its subsidiaries are calling and harassing you, you have rights!!
Why Should You Care About the Statute of Limitations?
Every day, consumers pay off collection accounts and charge-offs they do not have to pay off because the statute of limitations has already expired for the open account. Consumers pay off these accounts because the accounts still appear on their credit reports.
This information can be a powerful weapon in unburdening yourself of old debts, as creditors have a limited time in which to sue you. Remember, the statute of limitations begins to run from the day the debt, or payment on an open-ended account, was due. Also, this has nothing to do with how long an negative credit item can remain on your credit report.
Consumers also pay off these accounts when they are not on their credit reports. Even though an account was removed from their credit file, a collector watched their credit report for any activity (actually the computer was watching any credit activity). When the collector spotted the activity, he called the consumer for payment. All the consumer needed to say to the collector was, “I have an absolute defense since the statute of limitations has expired.”
The statute of limitations does not cause your debt to go away after it expires. If the creditor files suit, the consumer has an absolute defense. The consumer must offer the new evidence to avoid a judgement. The evidence will consist of papers the consumer files to support his claim. If the creditor sues you, and you do not prove to the court that the statute of limitations expired, you will have a lost lawsuit and a judgment against you.
At the Law Offices of Jacqueline A. Salcines, P.A., our lead attorney brings extensive knowledge and expertise in the field of negotiating and settling debt for pennies on the dollar. We employ market knowledge, extensive litigation experience, contract and statutory knowledge, and take proactive and calculated measures to protect our clients. Our knowhow in debt settlement and oral and written contracts as well as negotiating them when they don’t go as planned, is what sets us apart.
With prompt intervention to resolve disputes amicably, without the need to litigate, we are here to get debt settled, without the necessity of filing for bankruptcy
With more than 16 years experience, attorney Jacqueline Salcines has been practicing law with the need of her clients first. Upon calling the firm you get the feel of how the client is our first priority. We are here to help you with your purchase or sale and do so with hands-on legal experience.
Jacqueline Salcines, Esq. has been an accountant for over 20 years and an attorney for over 15 years. She brings her knowledge and experience to every real estate transaction. Let us go to work for you!
Main office 305 | 669 | 5280. Or email the attorney directly: J.Salcines@Salcineslaw.com
TRUST | COMMITMENT | RESULTS
Jacqueline A. Salcines
JACQUELINE A. SALCINES, ESQ.
706 S. DIXIE HIGHWAY
SECOND FLOOR
CORAL GABLES, FL 33146
TEL. 305 669 5280
DIRECT EMAIL: J.SALCINES@SALCINESLAW.COM