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SOL debt and a CA trying to collect it...


elyse449
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Hi Folks,

Got a letter last week from "Merchants Credit Guide Co" regarding a debt my dh owed from like, 6 plus YEARS ago--and the SOL for my state on revolving credit is 3 yrs....any ideas on what to put in a letter to these AH's?? Any help will be much appreciated. I want them to know that I know what they're doing and that they'd better STOP...by the way, should I report them or what to the response to my letter?

Elyse

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Hi folks,

I had found some info and thought I'd share it just in case someone else in my position should search out this post and find it. Anyway, here is a template of a letter from a great site called, "Fair-debt-collection.com" I urge you folks to visit it...if ya haven't already of course. Anyway, here it is. This is one idea anyway for a letter of response to a CA attempting to collect a time-barred debt. I'd still like anyones opinions on reporting these folks...then again, I know they have the right to request funds and such...whaddyall think?

Dear Collector,

I am writing in response to your (letter or phone call) dated {insert date}, (copy enclosed) about a certain debt that you are attempting to collect. I have checked with my State Attorney General and verified that the legal Statute of Limitations for collecting this type of debt in (insert your state) has expired.

Now that you know I am aware of my rights in this matter, consider this letter as my official notification that I consider this matter closed and demand that you, or anyone affiliated with your company, stop contacting me regarding this matter except to advise me, via official mail only that your debt collection efforts are being terminated or that you or the creditor are taking specific actions allowed by law.

Be advised that should you decide to pursue this matter in court, I will invoke my rights and use the "expired statute of limitations" as my defense. Additionally, I must advise you that I am keeping careful records of all correspondence concerning this matter including a recording all phone calls.

Your Signature Above Name

Printed Name

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I would send a CMRR to them about them being outside the SOL and also include a c & d with that. I might also include that you have reported them to the attorney general - make sure you follow through and actually report them as well.

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  • 2 weeks later...

I have an old collection account from BB&T still reporting on my credit with a recent balance of $662. The DOLA was in 8/1999. On 1/6/05 I received a letter from Risk Management Alternatives, Inc. demanding payment by 1/21/05 or they will proceed with collection. I have an old credit report from 2002 stating that it would be coming off of my credit in 9/2005. How should I proceed with this situation? I live in South Carolina and I think the SOL is 3 years. Please help!

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I would send a CMRR to them about them being outside the SOL and also include a c & d with that. I might also include that you have reported them to the attorney general - make sure you follow through and actually report them as well.

Just out of curiousity, what would your complaint be to the AG?

It is not illegal to attempt to collect a debt passed the SOL.

SOL ONLY applies to court actions. :)

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I already have a judgement on my credit as well from this same account. I will come off my credit in 1/2006. It is also on there as a collection account with the OC same balance and supposed to come off in 3/2005. This collection agency is reporting it on my credit as of 8/2004 with same balance. Why can he do this? The 7 years is almost up.

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I already have a judgement on my credit as well from this same account. I will come off my credit in 1/2006. It is also on there as a collection account with the OC same balance and supposed to come off in 3/2005. This collection agency is reporting it on my credit as of 8/2004 with same balance. Why can he do this? The 7 years is almost up.

Something is fishy in denmark. There should only be ONE date that they ALL fall of (judgement excluded). The 7-year reporting period BEGINS at the original date of delinquency on the original debt. Even if this is the same debt being reported by different people, they ALL have to have the same date of delinquency. Focus on that, and dispute with the consumer reporting agency.

Good Luck!

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  • 1 year later...
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