donnak Posted July 15, 2003 Report Share Posted July 15, 2003 they have sent a collection letter to collect for a debt that is way past the SOL of my state, which is TX.Can they have this entered back into my CR??????? It is not there at this time. Link to comment Share on other sites More sharing options...
DocDon Posted July 15, 2003 Report Share Posted July 15, 2003 Send them a letter showing them the SOL has expired on this account. If the OC is still contracting CAs on this account, you should notify them too that there is no point in collecting this debt.Don't ignore them. If you keep the upper hand, it'll make life a lot easier for you. Link to comment Share on other sites More sharing options...
sisflomi Posted July 15, 2003 Report Share Posted July 15, 2003 Link to SOL letterhttp://community-2.webtv.net/YCHANGE/STORAGE/page13.html Link to comment Share on other sites More sharing options...
donnak Posted July 15, 2003 Author Report Share Posted July 15, 2003 one more question though, since this is no longer being reported on my CR, how would I go about finding out the date of last activity, I know that this particular debt I quit paying on in 96 or 97, but not sure exactly. Link to comment Share on other sites More sharing options...
sisflomi Posted July 15, 2003 Report Share Posted July 15, 2003 The easiest way to find out would be to read it on your experian credit report. It wil show you a fall off date, subtract 7 years and I think 1 month to get the dol. Link to comment Share on other sites More sharing options...
DocDon Posted July 15, 2003 Report Share Posted July 15, 2003 Given negative info remains on your report for 7 years, it's probably safe to say it was '96, which means your SOL expired 3 years ago. You can always contact the OC and get a copy of your account history. Just be sure not to put your signature on the request. Just your name and account info. Link to comment Share on other sites More sharing options...
TexasLawyer Posted July 17, 2003 Report Share Posted July 17, 2003 The attempt to collect is arguably a violation of the FDCPA and the Texas Finance Code. However, I do not believe that the Fifth Circuit (which includes Texas) has addressed the issue. Link to comment Share on other sites More sharing options...
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