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Will DV restart SOL?


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My debts are all past the SOL for Texas yet I have received 2 letters (for 2 different debts) this January (2007). Of course this is due in part to the fact my debts have been sold AGAIN. So, do I send a SOL letter to this new CA or will that restart my SOL? These debts will be "off record" in 2008 but I hate receiving letters from creditors and all the threats they make.

I read through several pages in this forum but didn't see a specific answer to this.

Thanksxdancex

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DV will not reset the SOL. If you don't care about getting deletes, send a letter to the CA stating "HaHa. I am not going to pay this, so I hope you didn't pay alot of money for this account." and that has the effect of a C&D, since it is a refusal to pay. They will still list on your CR, but there is nothing else they can do about it.

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Is this a good letter to send? I got it from a website suggested by a forum member???

Today's Date

Your Name

Your Address

Collector's Name

Collector's Address

RE: [insert account number or name of account or name of debt]:

Dear [insert collector's name or company name],

This letter is in response to your [letter dated xx-xx-2005] (copy enclosed) or [phone call on xx-xx-2005], concerning the collection of the above referenced [account or date].

I do not believe I owe what you say I owe therefore I dispute this debt. I am well aware of my rights under the Fair Debt Collection Practices Act (FDCPA) and my state laws so I hope to save both of us a great deal of time by letting you know that not only do I dispute the validity of this debt, I have also checked with my State Attorney General and verified that the Statute of Limitations for enforcing this type of debt through the courts in (insert your state or the state in which the contract was signed) has expired. Therefore, should you decide to pursue this matter in court I intend to inform the court of my dispute of this debt and that the "statute of limitations" has expired.

This letter is your formal notification that I consider this matter closed and demand that you, or anyone affiliated with your company, stop contacting me regarding this or any other matter except to advise me that your debt collection efforts are being terminated or that you or the creditor are taking specific actions allowed by the FDCPA or my state laws.

Be advised that I consider any contact not in accordance with the Fair Debt Collection Practices Act a serious violation of the law and will immediately report any violations to my State Attorney General, to the Federal Trade Commission and, if necessary, take whatever legal action is necessary to protect myself. Be advised that I tape record all phone calls and violations of the FDCPA can result in you or your company being personally fined up to $1,000 per incident.

(Sign above name)

Printed Name

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Well assuming your state had a SOL restarter for written promises to pay, or written acknowledgments of debt... in theory a very poorly written dispute could be construed as the above.

Highly unlikely though... which is one reason why I advocate the simple dispute, not the 200 page Communist Manifesto DV form letter.

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In any contact with a debt collector, one should always be mindful that any contact you have with them, be it verbal or written, could end up in a court of law. In which case, you always want to appear to be the reasonable one and you hope they come off looking like idiots.

That is why I would somewhat advise against the letter posted by tracemb14. The writer is going to come off looking rather hostile and transparent.

But if you know their collection SOL has already elapsed, there are very polite and less hostile ways to let the collector know that you know they have no legal recourse.------something like a friend of mine has told me that the laws of our state are that you no longer have standing to collect in court, can you advise me if this is true or not?---added to a DV in which you also just flat out state you are disputing the debt and are requesting debt validation adds a nice little touch without making you sound like you are taunting them or gloating about getting away with it.

You don't have to tell them everything you know, but if you have four aces in your hand you can afford to let them know you have one killer card.

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I think that it is important to write the letter yourself. The CA's are on to the "canned" sample letters seen here and elsewhere. For that reason, keep it simple and keep it short. For you to exercize your rights under the law, all you need to do is write "I dispute the account you are billing me for" on a cocktail napkin and mail it in.

A C&D need only say "I am not going to pay this debt" to be legally effective. Less is more, especially when dealing with debt repair.

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I agree. I send out a C&D as well but all that violation and threat to sue is really not a good plan.. why piss anyone off

I send a letter similar to that.. I would use these paragraphs but make them sound more like you ... mine is very similar to this templete.. but without all the guns blazing.. they get the point..

Your Name

Your Address

Collector's Name

Collector's Address

RE: [insert account number or name of account or name of debt]:

Dear [insert collector's name or company name],

This letter is in response to your [letter dated xx-xx-2005] (copy enclosed) or [phone call on xx-xx-2005], concerning the collection of the above referenced [account or date].

I do not believe I owe what you say I owe therefore I dispute this debt. I am well aware of my rights under the Fair Debt Collection Practices Act (FDCPA) and my state laws so I hope to save both of us a great deal of time by letting you know that not only do I dispute the validity of this debt, I have also checked with my State Attorney General and verified that the Statute of Limitations for enforcing this type of debt through the courts in (insert your state or the state in which the contract was signed) has expired.

This letter is your formal notification that I consider this matter closed and demand that you, or anyone affiliated with your company, stop contacting me regarding this or any other matter except to advise me that your debt collection efforts are being terminated or that you or the creditor are taking specific actions allowed by the FDCPA or my state laws.

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