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Collection after SOL


Hunterpro
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I hope someone can help me with this question. I live in Wisconsin and RMA is attempting to collect a debt from an old Sears account. Only TU list account as Paid Off 05/1997 Status as of 05/1997 Collection account Balance $0. My question is since the DOLA was 05/1997 ( true DOLA is long before this but I have no proof) and the SOL is 6 years in Wisconsin can RMA still legally attempt to collect this debt?

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No. As a point of fact, in WI, the SOL actually extinguishes the debt. In other words, the SOL nullifies the debt. You have a number of options:

1) You can send them my famous "I'm not paying and if you want your money you'll have to pry it from my cold dead fingers and by the way you are forbidden to contact me while I'm on this planet" letter.

or you could be nice and direct:

2) The statute of limitations on this debt has expired. You are forbidden to contact me at any time or place by any means.

or you could be oh so very subtle:

3) Ladies and Gentlemen:

Please take note of the following:

a) I dispute this alleged debt in its entirety, including the character,

amount and legal status of this allged debt.

B) You may not legally attempt to collect this alleged debt. (You are not required to tell them why).

c) You are forbidden to contact me at any place or time by any means

and you are forbidden to contact anyone at this residence by any

means.

Regards,

SIGNED ORIGINAL ON FILE

Timmy Consumer

An appeals court recently overturned a verdict and awarded the consumer $6,000,000 in punitive damages (if the CA doesn't want to pay they will have to appeal to the state supreme court). So if you send the 3rd letter and they file suit, remove the case to federal court, file counter-claims under the FDCPA and ask for statutory damages plus punitive damages in the amount of $6 million. It's an FDCPA violation to sue on a time-barred debt and/or a known time-barred debt. Since WI SOL extinguishes the debt, they cannot report to a CRA either. Once you tell them they cannot legally collect, the onus is on them to find out why. Ignoring your letter could be very costly.

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BTW, just to clarify, only in WI is the debt extinguished when the SOL expires it does not necessarily apply to other states. I picked that up a while back off of a CA forum where the were just freaking out over it (a court ruling in WI that affirmed the consumer's victory) in the event it spills over into other states, because that would seriously impact JDB profits.

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