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cool_breeze

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  1. We have 3 questions at the end of this post. We stopped paying our annual timeshare maintenance fees and we were unsure if the SOL gets reset each year and how we should respond to a validate debt or pay letter. They have already won 2 default judgments for annual fees against us. Here are the chronological details: We paid off our 1993 timeshare mortgage in 2002. In 2003 I lost my income and later our assets due to illness. We paid the timeshare maintenance fees the last time in 2003. We tried to negotiate with the timeshare in 2005/06 to get rid of the timeshare but to no avail. We then had 2 California default judgments filed against us by the timeshare collection agency in 2006 ($9050) & in 2008 ($2100) for the maintenance fees and legal costs. In hindsight the high 2006 judgment amount is questionable, and we should have disputed some of it. We have lived in North Carolina since 2005 and we receive the annual maintenance fee billing every year, approximately $1000. My wife and I got a notice today from the timeshare collection agency in California stating we owe $16K+ and we have the right in the next 30 days to dispute the validity of the debt or pay the debt. Our financial condition has not improved, else we would have settled this obligation before this, particularly if they had been co-operative in 2005/06. We are 65 now with limited resources. My understanding is both North Carolina and California SOLs will not reset with each years maintenance assessment. We have not contacted the timeshare or their collection agency since 2006. Question 1 of 3: The last year we paid the timeshare fee was 2003. So the current year fee and any prior year fee not included in the previous 2 judgments are to be grandfathered into the 2004 delinquency date, therefore can we use the SOL defense? Question 2 of 3: The 2006 judgment has dropped from our credit reports. Can it be re-filed? Question 3 of 3: Should the first action on our part to be to ask for debt validation to see what is in this $15k they are asking for now or should we just respond that the SOL has run out? Or is it appropriate to say the SOL has run out but go ahead and send us a debt validation letter anyway? Thank You
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