Monthly Archives: December 2013

2014 3

Well, another year has passed and we now look forward toward 2014! So time to break open the champagne, hold your loved ones close and sing “Auld Lang Syne”.

So what about ‘Auld Lang Syne”?  Most of us can hum the song and of course sing the closing line “Auld Lang Syne”, but how many of us know what it means?  The original poem was written in 1788 by Robert Burns and eventually was set to the tune of a traditional folk song. The original Scottish, Auld Lang Syne, is literally translated as “Old Long Since”. Perhaps a more understandable meaning could be “Old Times” or “days gone by”.  It’s use in the traditional song could loosely be translated as “for the sake of old times”.  While it may be customary in the United States to sing this solely at New Years, much of the rest of the modern English-speaking world, will also sing the song at funerals, graduations and for farewells to end other occasions. It is to sung to remember the past. 2014 2

Should old acquaintance be forgot,
and never brought to mind ?
Should old acquaintance be forgot,
and old lang syne ?

CHORUS:
For auld lang syne, my dear,
for auld lang syne,
we’ll take a cup of kindness yet,
for auld lang syne.

And surely you’ll buy your pint cup !
and surely I’ll buy mine !
And we’ll take a cup o’ kindness yet,
for auld lang syne.

CHORUS
We two have run about the slopes,
and picked the daisies fine ;
But we’ve wandered many a weary foot,
since auld lang syne.

CHORUS
We two have paddled in the stream,
from morning sun till dine† ;
But seas between us broad have roared
since auld lang syne.

The past may not always be happy, but it is what brought us to this particular moment. The past makes us who we are today.  It is a part of us and must not be lost. It is important, particularly at this time of year, to remember our past. Remember loved ones that we may have lost, the personal triumphs or financial disasters. The heart-aches as well as the joy.

If 2013 was not the best of years for you, don’t simply erase it from your collected memory. Instead, remember and embrace it. And with the memory, perhaps the new hope that the coming year will be better.

So raise your glasses! Say goodbye to 2013 and say hello to 2014. It is going to be a wonderful, tragic, confusing and beautiful new year!

2014 4

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Category: Uncategorized

statute of limit

Statute of Limitation laws are complex and very confusing.  The idea is that there is a limit of time after an “event” to take legal action. For example, in California,  if I drive my car through your living room, you have 3 years to sue me.  However, if I “accidently” punch you in the head, you have only 2 years to sue me. But what about debts? That’s why we are here after all.

Generally speaking, a creditor can no longer sue for a bad debt after 4years. But that does not prevent collection attempts. The creditor, after 4 years, can still try to collect on the debt, they just cannot sue you in a court of law. But the real tricky part is avoiding the creditor for those 4 years. And if you accept any type of responsibility for the debt during this time, the clock “resets” and the 4 years starts all over. So if during this time frame your get a collection call, be VERY careful what you say.

You have the right to remain silent, anything you say can be used against you in a court of law.

miranda rights

Sound familiar?

So when does this 4 year period start? I’m glad you asked. For the most part it is the date of the last “activity” on the account. This could be the last purchase date, or the last payment date. Or, if you were not paying attention to the previous paragraph, it could be the date of the last “acknowledgement” of the debt. The laws vary state to state, so as always, it is best to speak to a local attorney regarding the specifics.

I have heard on many, many occasions, that someone who is considering filing a bankruptcy may be close to the statute of limitations and does not need to file. But remember, the most important thing in a case like this, the statute of limitations only prevents a creditor from suing you in a court of law. The bills and phone calls (ohhhh……….the phone calls!) do not have to stop. They may continue to make your life miserable.

So, unless you are planning to go off “the grid” and live in a shack somewhere in the deep forest, the Statute of Limitations does not mean a whole lot.

For more information about bankruptcy and how we can help solve your debt problems, please visit: http//www.cantpay.com

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Category: Uncategorized