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How to mention SOL in DV letter?

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Hi

I got settlement offer but SOL on the account has passed. I have the DV letter from this forum, now question is should I mention SOL info in the letter? If so, How should I word this? I am never good at writting so if any of you could help me I would apprecite it. Thanks for you help in advance..

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I get those all the time for those that are out of SOL.. most of the time I tend to ignore it simply because they pass it on to someone else and I have to deal with it all over again... if you WANT to send something you can do a C&D which mentions the SOL.. if you want a copy of the one I send let me know I will be glad to share it with just make sure you change it for your situation and not make it sound like some form letter.. I also tend to bold the part about the SOL... even if the SOL has passed.. it does not mean they cant try to collect (unless you are in MS and another state which escapes me right now).. the sol is an affirmative defense in a lawsuit.. not protection for collection actions.... so either way its your call

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...it does not mean they cant try to collect (unless you are in MS and another state which escapes me right now)...
It's California and Wisconsin.

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It's California and Wisconsin.

I think E.N.D. mentioned Mississippi as well. Didn't know that about Cali.

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That would be wonderful if you could share the letter with me. I will change that where appropriate. I just want them to stop collecting right now before the try to get me to court thinking I am not aware of SOL or something.

I would really like to pay a minimum to get them of my back and start improving my credit. I am just confused as to what is my best option? I have total of 4 debts that are out of SOL. Well, if the state(MD) where I am currently living for two years, is the one that counts, otherwise may be one more year for GA(origin of debt).

Thanks for you reply..

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I think E.N.D. mentioned Mississippi as well. Didn't know that about Cali.

END did mention MISS in a recent post which is where I got it.. and NASCAR and I still think NC is in this list as well ..

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That would be wonderful if you could share the letter with me. I will change that where appropriate. I just want them to stop collecting right now before the try to get me to court thinking I am not aware of SOL or something.

I would really like to pay a minimum to get them of my back and start improving my credit. I am just confused as to what is my best option? I have total of 4 debts that are out of SOL. Well, if the state(MD) where I am currently living for two years, is the one that counts, otherwise may be one more year for GA(origin of debt).

Thanks for you reply..

Also if its out of SOL paying them ANything will NOT improve your credit in fact as this point it can do more damage in some cases.. and you also restart the SOL if you do this as well... also it is not the state of origin, it is the state you reside in

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As for your question, there's no official way it needs to be done. Be absolutely sure it's out of SOLC in your state. Just because someone tells you to follow the open account SOLC doesn't make it so.

Research the correct statutes and include them in your letter.

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As for your question, there's no official way it needs to be done. Be absolutely sure it's out of SOLC in your state. Just because someone tells you to follow the open account SOLC doesn't make it so.

Research the correct statutes and include them in your letter.[/quote

Make sure it is out of SOL and as you see in my letter I mention the state statute as well

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Cali does not have a statute of repose for actions sounding in contract, only WI and MS do.

Nascar is working on the possiblility of NC, but thus far nothing that could be considered a bright-line rule.

OH had one, then the state's Supreme Court ruled it unconstitutional.

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OH had one, then the state's Supreme Court ruled it unconstitutional.

As if the 15 year statute of limitations isn't enough already.

Actually, I'm not so sure that some of these alleged 15 yr. SOL "contracts" in Ohio don't fall under the 6 yr statute. Definitely not the 4 yr UCC, though.

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Cali does not have a statute of repose for actions sounding in contract, only WI and MS do.

There were theories about Cali having a statute of repose, but I think people were opened to the wrong code section. We do have a statute of repose for product liability.

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There were theories about Cali having a statute of repose, but I think people were opened to the wrong code section. We do have a statute of repose for product liability.

That would be standard in most states, and fits the purpose of repose. It sets a time limit of when a suit can be filed regardless of when an injury occurs or is discovered.

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Check your PM I will send the letter there

Could you pretty please forward me the same sample letter as well when you have the time. Asset is hounding me for a debt that is past SOL and would like to tell them to stop contacting me via phone and mail using SOL as my reason. Kind thanks in advance.

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Reference Your State's Statute and mention within a sentence in your Validation the debt is time barred. I've done it! It works!

JDB actually sent me validated papers with original creditors/account copies. It is a Repo account and if it is considered a written account then SOL has passed few months ago. I have to pay the principle amount minus the price of the car that it was sold for in a auction. No other discount.

What is the best option do you think?

A. Try to settle the account if they are willing to delete negative info.(I don't know if it is possible)

B. Ignore and wait another few years to get this off my report. (They still can come back, right?)

C. Don't have any but you are welcome to add if it is even better.

Thanks in Advance

Webdox: I have PMed you a copy of the letter

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...it does not mean they cant try to collect (unless you are in MS and another state which escapes me right now).. the sol is an affirmative defense in a lawsuit.. not protection for collection actions....

Sorry, I am just learning the credit game. If I understand it correctly, your comment implies that after the SOL you can still be pursued, right? If so, how? Can they still report you?

I ask because I have at least one account ready to drop of my report do to the SOL. The idea I get from this forum and a few other people I have spoken to, is that it is best to let them go and not risk resetting the SOL.

However, if I can still be pursued (?), I would rather just pay them and press on. Any advice? Thanks.....

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Sorry, I am just learning the credit game. If I understand it correctly, your comment implies that after the SOL you can still be pursued, right? If so, how? Can they still report you?

They can still dun you, call you at work, attempt to locate you through third parties.

And yes, they can still report you.

Typos. Gah.

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They can still dun you, call you at work, attempt to locate you through third partis.

And yes, they can still report you.

Then what is the point of the SOL?

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Then what is the point of the SOL?

If they sue you, you have an affirmative defense, and they lose.

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