An easy SOL letter and some ?'s

[almost_there]

I'm in need of a good, easy to personalize, SOL letter. I've seen the one on Whychat's site, http://community-2.webtv.net/@HH!95!9E!BB25B02B94C7/YCHANGE/STORAGE/page13.html , but it seems too confusing to me.

Maybe I am just too dense to understand it all, but I have some accounts that the SOL is up on and I would like to inform the CA of that. I guess I could try writing my own, but I want to make sure I include some good legal sounding stuff. If someone has a good letter, please let me know.

Also, on whychat's site, it includes a letter that you can send to the CRA's to get the item removed from your report if it's past SOL. Is this good to use everywhere or only in certain states? I could get a lot removed with that approach, as most of my stuff is pretty old.

One more quick SOL question...can you send SOL letters to OC's? Or just to CA's?

Thanks in advance.

[sisflomi]

I know what you mean with that one. I meant to work on it, but only got to the reaged one so far. I will work at now though.

[sisflomi]

How about this one?

Name

Address

CA

Address

Date

Certified Mail No: _____________

Re: Account # _____________________

Greetings:

Thank you for your recent inquiry. This is not a refusal to pay, but a notice that your claim is disputed.

The Rules of Civil Procedure for the State of (state) provide a Statute Of Limitations limiting the time frame for any legal collection activities.

Please be advised that under the TILA section 15 a credit card account is legally defined as an "open" account. The Act is in Title I of the Consumer Credit Protection Act and is implemented by the Federal Reserve Board via Regulation Z (12 C.F.R. Part 226). (This paragraph is to be included for credit cards)

Under the State of ________ Code § __________ the subject account has a _________ year limit for filing any legal action for collection.

The starting date of the statute of limitations is as follows:

The later of the date of last activity, or the date of first default with the ORIGINAL CREDITOR of the subject account.

Records indicate that the date in question for account #___________ with (creditor) is ___________.

This notification is formal notice to you that any filing of such action by you, or your representatives or assignees, is therefore time-barred.

Under the FDCPA, any such action, or threat of such action is a violation of the law, and grounds for fines and civil sanctions.

807. False or misleading representations

A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt.

Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(2) The false representation of-

(A) the character, amount, or legal status of any debt; or

(4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.

(5) The threat to take any action that cannot legally be taken or that is not intended to be taken.

This notification to you is of applicable legal statutes, codes and laws. Other Federal and State laws may apply as well.

(Include this paragraph when appropriate)

Under the laws of the State of (state), (statute #) continued collection activities, including reporting, verification or reinsertion of accounts beyond their legal collection date to any consumer credit reporting agency, may be considered extortion and/or fraud and subject to criminal as well as civil prosecution.

Please note that proof of your receipt of this notice may be used by me or my legal representative in further action.

I also reserve the right to forward a copy of this letter, and any other pertinent material to the _____ (CA lawyer's State) Bar Association.

Best regards,

Name

[almost_there]

Thanks Sis! I will see what I can do with your letter tomorrow when I have some time to work on it. I emailed the AG's of Iowa and SD (where I lived when much of my debt was incurred) asking them specifc questions about SOL and such. Hopefully they will give me specific answers that I can use for my cause.

Almost everything on our reports is past SOL now, all except for our new accounts and a couple of collections. I am going to be so glad to knock these out!

[blueranger]

is this sol working for you and does

any one have an sol letter to a medical collections agency.

[sisflomi]

Blue, we just edited the sol letter from whychat to help us understand it more. You could prob use the same letter for the medical sol. Just take out the TILA secton in the letter. Thats only for cc's.

[blueranger]

good to here from you sis

what could I put in there instead of that tl.....

I am dealing with a tough medical collection firm but it appears most

of my stuff is out side of the sol.... lady n red tells me the sol is 4

years on the ucc.... I hope she is right.... assuming she is right

the it is not as if the ca can hurt me to bad...

sould I send a dv letter to the ca or should I send this sol letter

or a combination of the two... I have disputed as not mine a number

of times.

also what dispute comes after not mine.....

what should I try next.\\

[blueranger]

I just sent you an email I was able to past in my wk report

so you could see it..... what advise do you have oh great one.

(I am bowing 3 times toward the monitor now)

[sisflomi]

lol, i am so not the great one!!! That whodini

[blueranger]

what should I do with this ca... should I dv with them and

just risk the judgement......what do you think.

what would you do..

[sisflomi]

Just depends on how old or new it is. If you think its past sol or pretty close to it, then send dv. If you have money to settle then send dv. Just wouldnt send a smarty demanding one. Just the basic, hi, glad to hear from you, send me some proof please.

[blueranger]

I will try a kind dv letter..... should I send it cmrrr

or just regular mail.... do you think cmrrr will

wake them up...

8)

[sisflomi]

I think they will totally ignore you if you dont send it crrr. Its always best to send crrr.

[retmar]

As Lady said, the SOL is 4 yrs. If you want to assure you are OK as to your State's own laws, call your AG and they can direct you to the answer. A Medical debt is considered an open account. If the items are beyond the SOL, then send the C&D to the CA and tell them to "eat maggots". They are just trying to scare you. You can figure yourself if you want. The SOL begins on the date of last activity. Take the date you or your insurance made the last payment and add 4 yrs. If it was an item that was denied by your insurance and it is your responsibility, then you would use the date of service. Another thing to remember is if it was denied by your insurance, you want to know why. If, for example, your insurance sent the provider a denial asking for more info, such as, "we understand the patient has other insurance", you may not be liable for the bill. This is due to contractual law. What is written in many contracts is that a provider is obligated to complete the claim before they can charge you anything. What this means is if they don't resubmit with the info requested within the parameters of the contract, they must write off as a loss and can't bill you for anything. Also, many insurances don't allow the provider to charge the consumer any more than the allowable amount. Many providers don't know this, so when a claim is denied and consumer doesn't pay, they turn the whole thing over to the CA. What this means is if the charges are for $500.00 and the allowable amount is only $250.00, that is the most the provider can charge you. In some instances, they can only charge you your cost share/co-pay.

So, my advice to you is to check into all of this if it applies, then post the results before you do anything else. This only applies to any that may remain with the SOL. For all of those that are beyond, send off the C&D CMRR.

[Randysbarb]

I have a ? on SOL for South Carolina. I have several medical accts with 1 CA. Do I go by the DOLA for the SOL? I think the SOL for SC is 3 years (not sure). So am I understanding by these thread that a CA legally cannot harrass and try to collect after the SOL? Please help. Thanks!

[retmar]

Randy, the answer is yes. You will use the date of last activity to determine the SOL. Refer to my last post to assist you.

The CA can continue to send dunning letters for eternity in hopes you will cede and pay the debt. They only cannot threaten to do anything that they legally cannot do, such as sue. They cannot report beyond the 7 yr period. They have no legal recourse to the debt. Read FDCPA 807 in its entirety. It will explain. This is one of the main reasons you send the C&D CMRR as this will stop them from sending you letters. Read FDCPA 805©.

[Randysbarb]

Thanks I really appreciate the info. Now I can at least know what I'm up against.

In South Carolina, they deduct past due medical bills from your state taxes. I'm not sure how it works but I know that they (the hospital) assigns the debt to a CA then when they get ready to take it from your taxes they take it back. However, it stays on your CR as a paid collection. I don't understand.