Archive for May, 2010

California Ticket Violation Statute of Limitations?

ARD asked:


Just found out today through a credit monitoring service of a collection by Santa Clara County, California for a Steady Red Circular Signal ticket dated April, 1997. The claims were a result of a September, 2007 (yes, over 10 years later) court appearance/judgment totaling $450. I spoke to the Department of Revenue Ticket Department and they had an old NY address. I moved out of the State of NY 9 years ago to the State of CT. To the best of my knowledge, I do not recall any notices 10 years ago to my NY address. So, a serious of questions pertaining to this case:

What are the Statute of Limitations for a 10+ year old ticket relative to a judgment date?

Do tickets have a default court date on the actual ticket itself that automatically satisfy Statute of Limitations and allow the case/violation to remain open?

I was not given notice of the 2007 court date so can that judgment stand?

If I take the County to court to remove the judgment and clear my credit report, must they appear in the State that I reside or must this matter be addressed in a California court?

Are there consumer protection laws for the State of CT that provide for such protection?

Do you have any case law where Counties have been held for damages to credit reports (presuming, of course, the collection was not conducted legally)? If so, what are the typical damage calculations?

I did a bit of homework on this issue and it appears that California Penal Code 1382 governs this issue from a statute of limitations perspective. Any other reference to penal code or case law would be appreciated.

Any other comments or feedback are appreciated. Many thanks!

Tammy

 

Is it legal for a creditor to inform you only through email that your info is being reported negatively?

Shana L asked:


Within the Fair Credit Reporting Act – it states that information furnishers (creditors) must inform consumers about negative information which has been or is about to be placed on a consumer’s credit report within 30 days (they must correct the error or explain why the credit report is correct within 90 days).

My question is – if they informed the consumer through email ONLY and sent no notification through US mail – is that legal?
Also, how must a creditor legally inform consumers that they are attempting to collect a debt? The Fair Debt Collection Practices Act is ambiguous – can they do so through email only and get away with it?

Carolyn

 

Tips on Consumer Credit

Gerald Shaw asked:




Monitoring your credit scores is a good way of keeping track of your credit ratings. Consumers should be well-informed about the ways to avoid oneself from getting into deep financial mess. If you are thinking about getting a car loan, purchasing a new Mac notebook or getting another credit card, check your credit report first. Carrie Kunz, the head of the consumer education division for the website www. Freescore.com has outlined several credit tips for consumers.

Pay bills on time. This is perhaps the most important reminder for all credit card holders. Keep your credit balances as low as you can manage, including what most would call, “revolving credit.” It is also very important to be current and stay current about missed payments, so you can monitor how much interest has been adding up to your credit. Remember that paying off an account will not erase the record from your credit report. If you have been having problems with previous credit history, always check with your agency.

When checking your credit report, you can always do this on your own. Comb and read through the fine print. This is what many people fail to do. Credit reporting agencies such as AnnualCreditReport.com and organizations such as FreeScore.com provides credit report scores to their consumers.

Absolutely do not pay someone to search for a credit card for you. You can do this on your own, especially if you think you have enough credit scores in your bank account. Shop around and see that there are a variety of credit cards that offers other services as well, such as prepaid calling cards for mobile phones, credit cards that allow their consumers to shop online or purchase products from a catalog, and credit cards that loan money for consumers to pay later in the future.

Change your spending ways and your attitudes and behaviors towards handling money. Know the difference between the things that you need and the things that your want. Keep track of your expenses, so you’ll see where your money goes, and which purchases are your whims and weaknesses. Instead of always purchasing something new, use your creativity and resourcefulness in order to recycle, reuse or repair your things and other stuff.

If you are in the dark about managing your finances, you can always get help from a credit monitoring company. They can offer your tips and ways on how to get credit monitoring information and to keep your credit scores and balances in check.

Tammy
 

How to Improve Your Federal Credit Report

Justin Fox asked:




Your federal credit report can be a thorn in your side or a useful tool to getting better deals on finance. By keeping your credit report in good shape, you can make things a lot easier on yourself.

So how exactly should you go about improving your credit report? There are a few things that you can do.

Get an Up-to-date Report – first thing you will need is an accurate federal credit report that is up-to-date. That way you will have accurate information on which to base your actions pertaining to improving your credit score. You are legally entitled to one free credit report per year from the three main consumer reporting agencies.

Identify Problem Items – your credit report will give you a list of items that affect your credit score. You need to identify inaccurate or misleading items from the list. Be sure to list every item that is even slightly misleading as they can have a large overall impact on your credit score.

Write to the Consumer Credit Companies – the next step is to outline in a letter the inaccuracies and misleading items in your credit report to the relevant consumer reporting company. Outline the reasons for each dispute and accompany it with documentary evidence if you have it available (use copies rather than originals).

The consumer credit companies are legally obliged to investigate your claims and make alterations to your federal credit report for any items that are successfully disputed.

You may wish to consider hiring a credit reporting company for all of this as a good credit reporting company will know exactly which items can be disputed and advise you on ways to increase your chances of a successful outcome in improving your credit report. They can often handle the entire process of correspondence too, making it far more convenient and hopefully improving your credit in the long run!

Anna
 

Trade Credit – Should You Offer 30 Day Terms to Your Clients?

Marco Terry asked:




What is trade credit?

One of the big differences between consumer and commercial transactions is that most, if not all, consumer transactions are paid in cash or by credit card at the time of sale. Because of this, most consumer businesses never have to worry about extending credit to a customer and can run their operations on an “all cash” basis. This allows them to focus on their core competencies because they don’t have to carry slow paying Accounts Receivables and go through the expense of collecting on such accounts.

However, commercial transactions are different. Most clients ask their suppliers to deliver services immediately and then to invoice them for the work, payable 30 days later (also known as offering net-30). In effect, clients ask their suppliers provide them with “trade credit” for 30 days. Although suppliers don’t like offering trade credit, most have accepted it as an industry standard and have learned how to operate and live with it. In fact, some suppliers have even mastered how to offer trade credit and use it to better position their companies with leading clients. Large creditworthy customers, such as the government or large companies, will usually demand trade credit as part of their contract negotiations. Some examples of entities that ask for 30 to 60 day payment terms are:

o Fortune 500 companies

o Large and medium sized companies

o State government agencies

o Federal government agencies

On the positive side, providing trade credit to the proper clients can be a tool that allows your company to win important contracts and position it for growth. However, providing credit is also risky and can erode the company’s cash position if it is misused. Furthermore, offering trade credit to less-than-creditworthy clients can burden the company with bad debt and affect its growth prospects. Because of this, business owners must walk a fine line balancing their desires to grow their businesses with the necessities of offering credit to their customers.

Keys to providing trade credit successfully

The best way to minimize the risk of providing trade credit to a client is to perform a credit analysis on him. Although no credit analysis is 100% perfect, they allow business owners to make an informed decision on whom to issue credit to. Here are the three key points to making a credit analysis.

o Have the customer fill out a credit application

Have all your customers that want credit fill out a simple credit application. This will allow you to have all relevant facts in a single document. The application should ask for the following information:

1. Company structure

2. Banking relationships

3. Commercial references

4. Supplier references

o Check bank and supplier references

In their credit applications most clients will only list banking and commercial relationships that will position them in a favorable light – however – it is always a good idea to check on all of them anyway. Banks will only be able to confirm that the client has an account with them. Supplier references, however, may provide critical information regarding the clients’ payment habits.

o Check commercial credit reports

There are a number of companies that sell commercial credit reports on businesses. As opposed to consumer credit reports that require special permissions, commercial credit reports can be obtained for any business without asking for prior permission. Reports vary in their level of detail and accuracy and can be obtained for as little as a few dollars. However, all reports will include important information to help your credit department make a decision. More detailed reports will cost a few hundred dollars. You can obtain credit reports from the following companies:

a) Dun & Bradstreet (www.dnb.com)

b) Experian (www.experian.com)

c) Credit.net (www.credit.net)

Doing a credit analysis on your clients will allow you to determine how much – if any – trade credit you can give them. Clients that do not have a favorable credit analysis should be placed on a COD (Cash On Delivery) basis, at least initially, to reduce the risk of non-payments.

The challenges of offering trade credit

One of the main drawbacks of providing trade credit is that it can create a cash flow problem for the company that offers it. Large suppliers with adequate cash cushions in the bank can easily afford to offer credit. However, small suppliers with lean bank accounts usually find that offering credit will drain their cash resources and create financial challenges. It is not uncommon for small businesses to find themselves with a cash flow gap after offering trade credit to their larger clients. This gap is created by the fact that the company’s Accounts Receivable account is strong while the company’s bank accounts and cash position are weak. The cash flow gap places the business at risk of missing payroll and debt payments. It also prevents it from pursuing new opportunities because they don’t have the funds to buy resources or hire the necessary staff.


Bridging the “cash flow” gap

The biggest asset that most new businesses have, aside from their equipment and intangibles (e.g. employees), is their unpaid invoices or Accounts Receivable. Accounts Receivable is an asset that can be quickly converted into cash by using a financial tool called factoring. Factoring allows a business to sell the financial rights to their Accounts Receivable to a third party, called a Factor. As part of the sale, the factor immediately advances a large portion of the cash value of the unpaid invoices to the business. The business can then use this cash infusion to strengthen its cash position and meet its obligations. In the meantime, the factor, which now owns the invoices, waits to get paid by the customer. Factoring enables business owners to outsource their trade credit function to the factor and to turn their companies into the equivalent of an “all cash” business.

Jeanette
 

shopper discount warning ! please read?

charrismo asked:


Hi everyone,
I wanted to get this out to as many people as i can reach. The only way i thought i could get this out is by posting it as a question. So my apologies in advance as its not really a question.

anyways…I bought movie tickets in March through movietickets.com
and apparently while purchasing it i also signed up for some “SHOPPER DISCOUNT”. I know for sure I would remember signing up for a service as i shop online a lot and I usually google coupon codes ( i never use a service cause i know they charge you for it)

I had been noticing $12 charges being posted to my account every month. At first i disregarded it but since the last 2 months i have been keeping a very close eye on my statements. (online banking comes in very handy here)

I finally called up the number posted with this transaction. At first the customer service could not even locate any of my information. I provided my Name, Number, Zip code, email address ( as the lady on the phone was “oh it because you must have shopped online) So i gave her my mailing address as well as my email address (the email address i receive my shopping confirmation emails at) and she still could not find me in their system!

I finally get a supervisor on the phone. He asked me which day the transaction posts on my credit card statement. When I told him the it posts on the 17th / 18th of every month he said ” when you purchased movie tickets at movietickets.com you signed up for this”.

When I made it very clear that i did no such thing as i know the services i have (netflix, rhapsody etc) he said he would refund me my $12. I told him I am going to call consumer reports, my bank and movietickets and that’s when he said he will refund all the charges ($84 in total)

SO please be VERY CAREFUL while using movietickets.com.
i think its like one of those email subscription things…..but with NO CHECK BOX!!!

Dorothy

 

Has anyone ever sued a debt collection agency for harassment?

Johnny asked:


6 months ago I started getting phone calls, letters and even text messages from a law firm Sherman Acquisitions. I was a for a credit card debt from 11 years ago, Original balance was 3k now they want 7k. They threaten to take this to court where we will win a judgment against you then we will seize assets, garnish you and your husbands wages, with court cost and every thing this judgment will be well over 15k. I received 3 letters from them with this and about 6 voice mails that stated this threat. Then my parents started to get this calls and they left 2 voice mails like that. they would call non stop. My father went to our family attorney with this. I had to bring in credit reports ect. with all of the messages and letters. I had a credit report showing it was charged off in 1998. It is not on any of my current reports now. I got sick during that time period that’s why i defaulted. Our family attorney told us he will get them to stop contacting you, he also told us he would like to send this two a attorney that he knows that works with consumer rights, he see violations here.
Ok two months ago I went to see this consumer rights attorney he said with all of these letters, voice mails, calls we have a strong case against them. Attorney mentioned after we are finished they will be sued for 15k. Last week I got a call in to my Attorneys firm to sign the law suit. I dont have to pay anything unless I win, there for I pay them 33% out of my settlement. They are suing them for 17 violations in federal court. The stack of paperwork was like 50 pages all with tape recorded messages too. My attorney tells me he doubts I will have to appear in court “I dont really want too” most of this is done in settlement.
My question is have you or anyone else ever sued a collection agency?
I want to donate at least half of my winnings “if I win” to a orginization that helps consumers fight harassment from companies like that any suggestions?
I would like to see all of these junk debt buyers go down IMHO. A person suffered tarnished credit for 7 years.

Anna