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DV 1-2 punch on debts past SOL


TakingNoMore
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I have several accounts on my CR that are in collections, not mine and past SOL in the state of California. I have DV letters written for them and sitting in my car ready to be mailed but I am apprehensive because I am not sure how the procedure would go with old debts. So far, the material I have read on this site is very helpful when dealing with accounts that are within SOL and can be sued over, but what about those that are past that and I still want to get validation and have the accounts verified with with the CRAs? how EXACTLY does this work?

Thanx for any help in advance.

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If they are past SoL there is no need to request validation. Send a Cease and Desist and tell them the debt is time-barred and not yours to begin with. Under the new FCRA amendments, the furnisher must at least update the tradeline to disputed and must remove it if it is indeed not yours.

As for any credit report listings not voluntarily removed by the CAs you will have to dispute them with the CRAs and follow the process in the sticky.

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the CAs have not contacted me on these debts (I was in the Navy and came out in 2003, and have moved to California from Michigan) but i still want them off. wouldn't it be more effective to try to have the debts validated with the CAs before disputing it with the CRAs just to have more evidence of the accounts not being mine therefore making the process of their removal from the CRs easier?

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i'm sorry. i have been thinking about this process so much i have been losing sleep :) I am just wondering how smart it is to actually go after these agencies after i have received no correspondence with them for the past few years. I have already disputed with the CRAs and they told me that the TL remain and have been verified. This is why I want to do debt validation. I figure if the CAs respond incorrectly or do not respond at all, I can accomplish several deletions.

Thanx ahead to anyone who can assist me.

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You can DV them to hopefully cause them to violate. But, more than likely will totally ignore your letters, or some of them may respond and really screw themselves up. This is why I am saying for you to go ahead and DV them and include a limited C&D as to they may only contact by mail. In the State of California, it is a violation to EVEN attempt collection of a timebarred debt. Therefore, any that respond with a threat will automatically be in violation. At that time, you will respond with a full C&D advising them any further activity will result in their being sued. In short, close, delete, and go away or else. This is for all of them. Also, once you have knowledge they have received your DV, file your disputes with the CRA's, and hope some will violate again.

In the meantime, go to the "Credit Repair" Section on this site. Near the top of Page 1, you will see a "Sticky" titled "The Law In Calif". Read it from 1 to 10. In the second post of the first page, I believe, is the website for the California Department of Consumer Affairs. Click on the site. This takes you to the Summary of the FDCPA. This is how California interprets the Federal Laws. Go to Page 9, Article 2.6 and read it. Then you will want to visit any and all other sites listed. Be sure and read California Civil Code 1788 in regards to debt colleciton in this State. There is so much information for you to read.

Also: WELCOME HOME, SOLDIER!

Vietnam '68

USMC Retired

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As I said, if they are time-barred, there is no point in requesting validation as they cannot legally collect anymore. Also if they are 3 years old or so, the CA may not even respond to the disputes with the CRAs, in which case the CRA simply deletes it.

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