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Showing content with the highest reputation on 10/11/2018 in all areas

  1. 1 point
    cbg

    Paid Time for Company Issue

    Nonetheless, regardless of the reason you were not working, you didn't work, and therefore are not entitled to be paid. There is no "I would have worked but my equipment was defective" right to wages in the FLSA. I understand it wasn't your fault. I understand you would have worked if the equipment hadn't gone down. I understand that you can't afford to lose the pay. I understand that you had no control over the length of time it took to fix the problem. None of that changes the fact that under neither Federal nor Florida law are you entitled to be paid for this time.
  2. 1 point
    adjusterjack

    Debt Validation Letter

    It could also be argued that accepting the written card holder's agreement and using the card could constitute a written contract for the longer SOL.
  3. 1 point
    pg1067

    Debt Validation Letter

    The SOL starts when you breach the contract. Whether or not you signed a contract, at some point you assented to the terms of a credit card agreement (whether by signing an application for the card or by applying online or over the phone). The most common breach is failure to pay as agreed. If you only applied over the phone, you could have an argument that you have an oral, and not a written, contract that is subject to a shorter (two years) SOL.
  4. 1 point
    doucar

    Debt Validation Letter

    1. Usually 30-60 days after the account became delinquent, (a payment was due, but not paid). 2. Yes, an oral contract can be just as binding as a written one. 3. Don';t be so sure you don't have a written contract. Did you ever get an email saying we are making the following changes to you account agreement, continued use of the account after ____________ date signifies your acceptance of the new terms, can constitute a written contract, and thus the longer SOL.
  5. 1 point
    adjusterjack

    Debt Validation Letter

    Right. In CA it requires written acknowledgment: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=360
  6. 1 point
    pg1067

    Debt Validation Letter

    That doesn't make any sense. There's always "a statute of limitations involved." Trying to ascertain whether the SOL is expired would be a good idea, but I'm not sure what that has to do with the sending of "information" (and, in any event, why would the OP send any information). The SOL for breach of written contract is four years. Code of Civil Procedure section 337(1). Since the only dates you provided were the years when you opened each of the accounts, it's impossible to discern anything about how the SOL applies to your particular situation. Note that making payments doesn't stop or restart the SOL (as lot of folks mistakenly believe). It's not a matter of how you feel. Determining whether you have or haven't paid off the accounts would require an accounting of all the various charges and payments. What does or doesn't appear on your credit report has no bearing on whether or not the account is collectible.
  7. 1 point
    pg1067

    Debt Validation Letter

    I assume you're asking this question in relation to the Fair Debt Collection Practices Act ("FDCPA"). 15 U.S.C. section 1692, et seq. That body of law is federal law, so the "in California" reference has no significance. In event, it's worth pointing out that the word "validate" (or any form of that word) doesn't appear in the text of the FDCPA. Rather, the word "validation" appears only in the header of one section of the FDCPA. The debt collector's obligations regarding "validation" of a debt are set forth in section 809 of the FDCPA (15 U.S.C. section 1692h ). Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing -- (1) the amount of the debt; (2) the name of the creditor to whom the debt is owed; (3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector; (4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and (5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. No. However you feel is appropriate.
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