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please look over this letter to cavalry for me


wolfpup
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I am writing cavalry regarding a time-barred debt that they just now tried to start collections on. The SOL is way past due, and i wanted to send a letter. i know this letter has lots of room for improvement, which is why i am asking for help. i dont want to look like an idiot to these people. PLease let me know what i should change for this letter.

Thank you so much!

Shannon

To whom it may concern;

I am writing your company in regards to a message that was left on an answering machine for me. No information was left in the message, other than a request for me to call. When I called back, I was told that Cavalry had me in the system for a Bank Of America account.

Please be notified that this account is past the Statute Of Limitations. Arkansas law states that the statute of limitations for written, oral, and promissory accounts are five (5) years. This particular account has had no payment activity since at least 1995. that would put the statute of limitations expiring in 2000.

In doing research on your firm, I have found that your company has broken many violations regarding the FDCPA. One case that really jumped out to me was Kelly A. Clure vs. Calvary Investments case # 016-54-5. Cavalry was in violation for attempting to collect a time-barred collection.

I am sending this notice to your company to demand that any and all collection activity cease and desist on this account. Should any accounts referenced to Cavalry appear on my credit report, that will be considered a direct violation for attempting to collect on a time-barred account.

Please send me a statement on your letterhead stating that any and all collection activity will cease from this point forward and that no negative reports will be added to any of my credit reports.

I am attaching a copy of the Statement of Claim form that I am ready to file should my requests not be met.

I look forward to your prompt reply.

Best Regards,

me

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I'm not sure I've got the right answer for you, but as far as I know the only state where it is illegal to attempt to collect a time-barred debt is Wisconsin. And, there's nothing in the FDCPA that prevents it either. Technically, all the SOL means is if the sue, you have an absolute defense....doesn't mean they can't continue to try to collect.

I'd suggest you just use the standard DV technique on them. Make them try to prove this is yours. If they put it on your CRs, you'll be able to dispute it as beyond the 7 yr limit. If they can't validate it but continue to report it, then you'll have them on FDCPA violations. If by some miracle they do validate it after all this time, then you can point out its beyond the SOL.

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I have to disagree on one point.. don't waste your time with the whole DV process. If you're absolutely certain that the debt was last paid in 1995, then all you need is the right C&D letter to make them go away.

I would strongly suggest this letter instead:

http://community-2.webtv.net/YCHANGE/STORAGE/page13.html

The AR statute you need to complete the letter is on that same site.

FYI, credit cards, if that's what this was, are OPEN ENDED accounts, NOT written contracts. SOL on open-ended accounts in AR is THREE years, which would put the debt even further beyond the SOL.

I do agree with Willingtocope that it is NOT illegal for them to try to collect on a time-barred debt in AR. They are within their legal rights to TRY, however, they have lost ALL legal means to force collection of the debt.

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