Grand Jury: City of Davis was careless with DACHA

The 2010-2011 Yolo County Grand Jury has recently completed its report on the City of Davis Affordable Housing Program. The Grand Jury investigated allegations regarding the administration of the affordable housing program in Davis. The Grand Jury found that over time the City has successfully evolved an affordable housing program that currently ensures fairness in the selection process and retains rental properties and some homes in the program. Approximately 700 low and moderate income households achieved home ownership through the program since its inception about 20 years ago. However, the City was far less successful with the Davis Area Cooperative Housing Authority (DACHA). DACHA encountered practical and affordability problems from the outset and currently no longer exists as an entity. Among other conclusions, the Grand Jury found that greater care should have been taken initially by the City and the Redevelopment Agency when performing legal analysis of documents such as DACHA’s articles of incorporation and bylaws and that better initial oversight of DACHA by the City could have prevented this situation. The Yolo County Grand Jury functions as a citizen ‘watchdog’ organization to review the operations and performance of county and city governments, school districts, and special districts. Based on these assessments, the Grand Jury publishes its findings and may recommend constructive action to improve the quality and effectiveness of local government. The public can access the full Davis Affordable Housing report and the six reports released in April at the Grand Jury website: http://www.yolocounty.org/index.aspx?page=780. The Grand Jury will release an additional report next week, May 23rd. The last four investigative reports and the final published volume containing all twelve reports for the year will be issued on June 30. The Grand Jury investigated allegations of unfairness and misuse of public funds in the administration of the affordable housing program in the City of Davis (the City). The Grand Jury found that the City’s efforts and policies administering affordable housing evolved over the past 30 years. The City’s original vision was to allow low and moderate income households to achieve home ownership equity without restrictions on the resale value of the properties. There was no lottery procedure to select potential buyers and no open bid procedures to select potential developers.

Debt Collection Time Barred - News


Debt Collection Reforms Are Needed

The new provisions will adapt to changing communication technology (social media, texting) and further prohibit abusive collection practices. They also will forbid creditors from collecting on time-barred debt without required disclosure and close



Will Paying Off Old Debt Boost Your Credit Score?

(For more information on creditors and collection agencies, check out Outfox The Debt Collector's Hounds.) The best strategy in managing your credit score is to pay your obligations on time, every time. If you do get behind, though, how you manage your



Plaintiff's state law cause of action preempted by the FCRA

That collection agency brought a claim against Plaintiff in state court and the claims were later dismissed because they were time-barred. Later, the debt was sold to Green Tree who began collection efforts which included reporting the debt to the CRAs



Grand Jury: City of Davis was careless with DACHA

The City rejected this claim and contends it is time barred. On March 21, 2011 the developers/consultants filed a lawsuit against the City based on the tort claim. The lawsuit seeks to take possession of the DACHA properties from the City and its



Historic Grand Junction church Handy Chapel gets some well-earned care

"When my mother died, the white people in town took up a collection and paid off all my father's debt," she said. "They got him a house." White people were free to do whatever they wanted to blacks, good or bad, she said. It was their choice.




Time-barred debt collection remedies, Unfair Practices Act, New Mexico

The Rule, “Collection of Time-Barred Debt,” requires all debt collectors doing business in New Mexico to make a good faith determination of whether a debt is “time-barred” (beyond the judicial enforcement period established by the applicable statute of limitation). If the debt is time-barred, the debt collector must so inform the debtor in both written and telephonic communications. The Rule also requires the debt collector to tell debtors that they would “revive” the debt (start a new enforcement period running) by making a partial payment on the obligation in any amount, or by signing a written admission or new promise to pay. “Under the state’s Unfair Practices Act, the fact that a debt is so old that a person can not be sued to collect on it is considered material,” says Attorney General King. “If it is material, New Mexico law requires that it be disclosed to the debtor. This Rule is intended to ensure that debt collectors provide important information to consumers so that they can make informed decisions when they are confronted with a demand to pay an old unenforceable debt.


Debt Collection Time Barred - Bookshelf

Fair debt collection

Fair debt collection

Debt collector's mere dunning of the consumer in an attempt to collect a time- barred debt did not violate the FDCPA since the running of the statute of ...

Repairing a Broken System: Protecting Consumers in Debt Collection Litigation and Arbitration

Repairing a Broken System: Protecting Consumers in Debt Collection Litigation and Arbitration

Participants differed in their views about whether the FDCPA should be amended to bar the collection of time-barred debt. Most collector participants ...

Credit Cards, Fair Debt Collection Practices Act Could Better Reflect the Evolving Debt Collection Marketplace and Use of Technology

Credit Cards, Fair Debt Collection Practices Act Could Better Reflect the Evolving Debt Collection Marketplace and Use of Technology

Collection of time-barred debt. As noted earlier, while it is generally illegal to sue or threaten to sue to recover debt that is beyond the statute of ...

Clearinghouse review

Clearinghouse review

The Justice Department has determined that dispute of a time-barred debt ... Debt Collection Violations ED, but apparently not FHA or VA, uses debt ...

American Bar Association Guide to Credit and Bankruptcy, Everything You Need to Know About Credit Repair, Getting and Staying Out of Debt, and Personal Bankruptcy

American Bar Association Guide to Credit and Bankruptcy, Everything You Need to Know About Credit Repair, Getting and Staying Out of Debt, and Personal Bankruptcy

That means that even if the lawsuit is time-barred in your state of residence, ... Illinois Q. What kinds of debts are covered by the Fair Debt Collection ...

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Time-Barred Debts - Debts With Expired Statute of Limitations
Time-barred debts are debts that are too old for creditors and debt collectors to sue you for. ... The Fair Debt Collection Practices Act prohibits debt collectors from ...

What are time barred debts?
What are time barred debts? ... Under the Fair Debt Collection Practices Act (FDCPA), a "debt collector" generally is any person or organization that regularly ...

Time-barred Debt | Abusive Debt Collection in Pennsylvania
Informing Pennsylvania Consumers of Their Rights Related to Consumer Debt Collection ... Lawsuits against debtors on debts that are clearly time-barred. ...

Time Barred Debts
Debt collectors may attempt to collect time barred debts but the ... If a debt collector attempts to collect or sues you for a time barred debt, you may get ...

Time-Barred Debts
Collecting Time-Barred Debts. Most courts that have addressed the issue have ruled that ... If a debt collector sues you to collect a time-barred debt, you can ...