Time Frames Administrative Procedure

I have question. Ive reviewed different administrative procedures and im stuck on the most important point, the amount of days to notice another party. Now, most documents ive seen give your opponent 10 days and MAYBE a few more days notice to cure ranging from 3 to 10 days. Federal rules require you give them 20 days, and common law says 30 days. It seems to be a mixture of rules being used. Maybe using 30 days will just solve the whole problem. Comments?

[vanton57]

It depends.....

Depending on what you are doing and if it is a follow-up or initiating action and what you are asking/being asked for/of........

Take the debt collector, when he does his initial contact, you have 30 days to ask for a VOD and they cannot take further action until that 30 day clock is up. You respond with a VOD (asking for an accounting) you give them initially a 30 day clock.

Now to take this to another instance on a Notary Protest.....

The individual will do the initial Acceptance/Conditional Acceptance. If the individual asks a "validation" (accounting) of the debt, it goes to a 21 day clock. This allows for 3 days mailing to the creditor, 14-days to prepare their response (accounting), 3 days to mail the response back. If no response or accounting, then the notarial protest can begin on day 21 but individual has to request a notary to initiate the protest WITHIN 30 days. When the protest is started the notices are sent in 10 day increments and the CD is issued at the end of the 2d 10 day period. Now the way the days are counted in this instance is business days (Postal days). Monday - Saturday (Sundays do not count and federal holidays do not count) The 10 day clock allows for 3 days mailing to the creditor, 3 days for them to prepare their response, 3 days to mail it back, if no response on day 10 the next letter goes out.

Now if a complaint is filed against you, then here in the state I live in it is a 20 day window to respond and I believe that is probably the rule in most states. This is where the Civil Rules of Court Procedures for your state or for Federal Court have to be referred to for the clock.

Currently, I am processing a series of letters based on my AMDISA letter. The first letter went out and a 30 day clock ran on it. At the end of 30 days, I mailed my second letter, the third letter went out 15 days later, and the fourth letter will go out 15 days from that with the final letter going out 15 days from there.

I'm not sure there is a solid written rule on some of this, but it has to be a "reasonable" time limit and some of it can become subjective depending on what kind of hair day the judge is having.

Hope this isn't tooooooooooo confusing and that this sheds some light on it.

I Talking About Situtations Where U Wanna Default Someone For Violating Your Rights.

[redpilltaker]

Hi Van,

The timeframes you speak about...

I have a collector that is starting to engage with me concerning a debt that was included in a 4 year old Chapter 7...a student computer equipment purchase "loan"....

First contact was about three weeks ago...my response to date is that I will be standing on the bankrupcty court's order, signed by the judge, that the debt was discharged....

He spoke in terms of the debt being incurred by borrowing from a non-profit organization, thus making the debt dischargeable...

I told him that I would need proof of claim...and get this, he is "ordering a copy of the original promissary note from WellsFargo". (Nonprofit huh? LOL)

Anyway, I am confident at this point since the debt was listed in the BK schedules, I went as far as to tell him that I believed that his client was estopped by not responding to trustee's notice of the BK proceedings...and then I told him that I was thinking that his client was probably estopped because of SOL issues(6 years in my state)...and he rambled on about the "clock" being reset because of the BK...(that makes me wonder how he claims both that the debt was not dischargeable, but the clock was "reset", does he think that he can have it both ways)...

So, so far, I told the collector's skip-tracer to let the collector know to go ahead and file the lawsuit...on the phone the collector ended up being "nice enough"....

But here's the root question(sorry about the preceding mess)...If I believed that the debt was discharged, and these folks may sue me to collect because they claim it wasn't...where could I/should I throw in a VOD and NP?...should I just wait while the promissary is on its way, or throw the curve ball now? (Your opion, of course, or anyone else's for that matter)...

If they sue, I wonder if they'll go state court, and if they do, I may elevate to federal since my position is a question of the Chapter 7...(? federal civil, or federal Bankruptcy?)...

Thanks VAN(and other notorious forum-mates),
RPT

[vanton57]

kgod999

How are you trying to go about with the default?

rpt

Bankruptcy is an area I am not real knowledgeable in. 1. I wouldn't be talking to the collector on the phone. Tell him to put it in writing that you do not do business over the phone. 2. Get in touch with the attorney that handled your bankruptcy. 3. Go over the bankruptcy papers (if you haven't done this already). I believe each creditor that is discharged is listed somewhere in the documents.

In general, SOL varies from state to state. I believe if you check this site, Jersee or SuiJuris posted a list with the SOLs for each state. Just do a search for SOLs. It is a relatively recent post.

Hope this helps..........