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Can I sue this CA?


Gitana
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West Asset Management Inc sent me a letter about 2 mo's back asking for payment on an acct which is beyong the SOL for legal action against me. I sent them a letter to validate the debt. The CA has not responded to my request for validation what so ever they haven't even provided verification. On Nov 11 they sent me another letter which is a simple collection letter. The letter they have sent me is an obvious attempt to reage the SOL and get me to enter into a payment agreement.My question is can I sue them for this? I'm sure they can't validate the debt so they are just ignoring my request. So should I sue or should I send them a cease and desist? If I can sue can anyone point me in the direction of how to do this without a lawyer? Thanks!

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Out-of-Sol only means the account is not LEGALLY recoverable. The collection process including repeated demands for payment can continue indefinately --- i.e. for the rest of the debtors life. Send a C&D letter and you should not hear anything for a while. The debt can be continually transferred and you may need to send new C&D letters in the future. In one or two states however, debts out-of-sol may be considered null and void.

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I'd say they are in techincal violation, yes and that you certainly could sue.

That said, on a debt past the SOL you really should have sent a C&D letter; not one requesting validation but that's not where we are today. :)

At this point, I'd send another letter (CMRRR of course) and go the C&D route based on the fact that the debt is outside of SOL and at the same time, I'd "remind" them then they did not reply to your request for validation and as such, are already in violation of FDCPA by their continued contact even were SOL not an issue.

If they are smart they'll get tht hint and go away. If they are stupid and they contact you yet again, THEN you will have a stronger case on which to base a lawsuit as you'll have evidence of a pattern of violation even after you did the "nice" think and warned them before they forced your hand and left you no choice but to pursue the matter in court.

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West Asset Management Inc sent me a letter about 2 mo's back asking for payment on an acct which is beyong the SOL for legal action against me. I sent them a letter to validate the debt. The CA has not responded to my request for validation what so ever they haven't even provided verification. On Nov 11 they sent me another letter which is a simple collection letter. The letter they have sent me is an obvious attempt to reage the SOL and get me to enter into a payment agreement.My question is can I sue them for this? I'm sure they can't validate the debt so they are just ignoring my request. So should I sue or should I send them a cease and desist? If I can sue can anyone point me in the direction of how to do this without a lawyer? Thanks!

Just make absolutely certain that the SOL has indeed run out and that you can prove it, before sending the CD notice.

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Well the acct they are trying to collect on doesn't match up with anything on my credit record, while the name of the OC is the same, the amouth owed and the acct numbers don't match. In fact upon review of my credit record I don't see any acct number that matches the one this CA alleges I owe them on. I figured I'd DV them. I'm going to go ahead and send them a C&D and if they contact me again after that I will go ahead and file suit. I could definatly use 1000 bucks. Thanks so much all!

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