aints68 Posted February 17, 2005 Report Share Posted February 17, 2005 Help. Calvary lawyers threatening to sue on sprint phone bill. I have read other posts but cannot find the answer to a simple question. What is the sol for cell phone bills in north carolina Link to comment Share on other sites More sharing options...
LadynRed Posted February 17, 2005 Report Share Posted February 17, 2005 SOL in NC for ALL debts is THREE YEARS. If the last time you paid Sprint was over 3 years ago, you can tell them to go pee up a tree, the debt is time-barred ! Link to comment Share on other sites More sharing options...
aints68 Posted February 18, 2005 Author Report Share Posted February 18, 2005 Thanks! That's what I thought but not sure.Next question, I have been talking to them several times over the past week, mainly to stall them from filing until I could find out my rights. I questioned them on validity and they said they didn't have to send anything to me, so now I am going to DV them. I think they may try to file suit, so my question is, if I send DV before they file, will that halt lawsuit filing until they respond? Link to comment Share on other sites More sharing options...
retmar Posted February 18, 2005 Report Share Posted February 18, 2005 No. What will happen is when you go to court, you would show the court your letter along with the signed green card that shows they received the letter prior to their filing. At that time, the court will make them validate it there. Read FDCPA 809© to back you up. What is happening is that the law says that once they receive your DV letter, they must cease activity until debt is validated. Their claim they do not have to send you anything is a lie.Remember, if the debt is past SOL, it is timebarred. They have no legal recourse. This would be your first defense. Your next would be any other violations you can find up to the day you file your answer or Defendant's Claim. Link to comment Share on other sites More sharing options...
aints68 Posted February 18, 2005 Author Report Share Posted February 18, 2005 The sprint bill is from July 2001, so its past the sol, but of course calvary has redated it in cr by their purchase date. The original sprint bill is not showing on cr, but believe it or not, the collecter gave me the dates of delinquency and date of purchase by calvary on the phone. I'm hoping that I can get what I need for the original bill on this end so I'll have it, but if I dv them and they sue, then I'm assuming they will have to produce it or they won't have the evidence they think they need. The guy on the phone says they will have to find an attorney here to sue, so I'm thinking that if they send attorney what they have and he sees a copy of my dv, realizes that I know my rights and the sol has expired that he will tell them they don't have a case. I'm supposed to call them back today, so I know that if they choose to file, it won't be before the first of the week. I see on here that everyone says send cmrrr, but I need to get this there in a hurry. I work for a shipping co so I get great discounts on overnight. If I send it this way, I will have name of person that signed, as well as date and TIME!. I need to be sure that this is as acceptable as greencard for mail. If someone could advise me on all of this that would be great. THANKS!! Link to comment Share on other sites More sharing options...
sxxx Posted February 18, 2005 Report Share Posted February 18, 2005 I am in the same boat with Calvary, but I paid them last month. Can I also used the SOL to get them off of my credit report. I know they purchase a whole bunch of accounts in DEC 2004. They have no documentation. What can I do to get them off?Anyone out there??? Link to comment Share on other sites More sharing options...
aints68 Posted February 18, 2005 Author Report Share Posted February 18, 2005 Another question to make sure I'm right.Okay, last payment on the account was July 2001Sprint charged off November 2001Does the 3 year sol begin in July or in November for being able to legally file the suit? Also, what is the plus 180 days thing about. Is that for filing lawsuits or just for dropping off your report after 7 years.Please help on this matter asap if you can.Thanks Link to comment Share on other sites More sharing options...
LadynRed Posted February 18, 2005 Report Share Posted February 18, 2005 The SOL would start when the account went continuously delinquent. If you last paid 7/2001, then the SOL would start to run 8/2001 when it went late.Send them the cease and desist and just get rid of them, they're slime ! Link to comment Share on other sites More sharing options...
aints68 Posted February 20, 2005 Author Report Share Posted February 20, 2005 It looks like the sol on this debt may be 4 years according to what I'm reading in the nc statues.here is whar I'm looking at:They want to settle for $350.00. I'm willing to pay that but I was trying to get a delete letter. Since they are stiill within sol, I can't push but so hard or they could refuse and go ahead and file suit. At that point I'm screwed.The original debt was delinquent in July 2001. CA reported their collection account in 2003. They are willling to give me a letter stating I settled and in that letter they will state info for old account. I'm not worried about getting it off my credit report right away because there are a few other things on there that won't come off for a few years, but I'm afraid that settlingn will keep this on my reprt for 7 years from now.What I need to know is, will credit reporting agencies take this off 7 years from original debt (7-2001) , 7 years from ca's account (2003) or 7 years from the date I pay ot off (2005)?Any input I can get from this would be greatly appreciated. I'm not trying to run from this debt, but I don't want to cause more harm than good.Also, should I have them state something in the letter that says they can't COLLECT or SELL the remaining balance. THANKS!!! Link to comment Share on other sites More sharing options...
retmar Posted February 21, 2005 Report Share Posted February 21, 2005 You are among the many who have read the 4 yr SOL, but, LadynRed found that it is, in fact, only 3 yrs. Unfortunately, you need her to show you exactly where it is. Or, you can search her posts and see if it is in one of them. I know she found this months ago and posted it.If the debt is timebarred, do as LadynRed says. Or, you can send them a letter offering pennies on the dollar and a complete deletion since they have no legal recourse to the debt. Or, you can pay the origianl balance if you so want. It is entirely up to you and none of us will say a word. BUT, the most important thing you want before you give them a penny, is that they must delete the entire TL form all CRA's, promise to not sell, transfer, or reassign to anyone. This answers your one question. As to your other question, the date for reporting would be the 7/2001.To include, it does not matter that you have other TL's that will be there for a few more years, what matters is getting as many as possible TL's deleted. What you need to realize is that a paid collection is as bad as a collection. though it is said that the older TL's do not hurt score as much as a current one, but, why cause yourself to have a lower score when you can start raising it now? Link to comment Share on other sites More sharing options...
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