zfire Posted April 11, 2007 Report Share Posted April 11, 2007 First time posting, so if I sound stupid, I probably am.Regarding collections from companies not original creditor, and who aresending letters after SOL has expired. Need I respond? :confused: I have read so many different things. Can these people still legally collect?Can they take me to court if I don't dispute the debt with them? These things aren't even on my credit report. I have one here that is over 10 years old, and they are demanding payment.SOL Texas is 4 years. Link to comment Share on other sites More sharing options...
MadinKS Posted April 11, 2007 Report Share Posted April 11, 2007 Regarding collections from companies not original creditor, and who aresending letters after SOL has expired. Need I respond?You don't need to respond. You can let them fall off and die a natural death. Or you can dispute and hope for delete. Or you can try DV. It's up to you.I have read so many different things. Can these people still legally collect?They can attempt collection all the way up to the 7 year mark if they want. They can even take you to court even though the SOL is up. Had it happen to my wife in Oct 06. Didn't get served and they got a default judgment. Working on that though.I have one here that is over 10 years old, and they are demanding payment.Write them a FOAD and C&D letter.These things aren't even on my credit report. What do you mean? None of these are on your report? Are they new? I don't get it. BTW, welcome. Link to comment Share on other sites More sharing options...
argento05 Posted April 11, 2007 Report Share Posted April 11, 2007 Yes you do need to respond. The response is to dispute the debt. Ask for validation of the debt - DV (letters on this site). Send a Cease and Desist - if they want to contact you it must be by mail and prevents them from harassing you by phone. DO ALL OF THIS IN WRITING. Send the letter Certified Mail, Return Receipt Requested to the CA.The DV makes them prove that they are collecting from the right person, have the right and authority to collect and that the details of the debt are correct - Creditor, amount, dates. Make sure that the dates are correct and that they are not trying to reage the account. Even if the CA now has the debt FDCPA states that the age of the debt is dependent on the DFD with the ORIGINAL CREDITOR.Also, by responding within 30 days of first contact from the CA with a DV request, by law they have to cease collection activities while responding to the DV request. This means reporting to the CRA's.There are 2 SOL's to be concerned about. The first SOL has to do with the point past which a CA can't seek a solution in court (this is based on the state that you live in and is usually some number of years past the Date of First Delinquency - DFD). Just because a debt is past this SOL doesn't mean that it still can't be collected. It just means that they can't take you to court and seek a judgment and if they do, you can claim the debt being time barred as a defense.The other SOL is in regards to how long a CRA (Credit Reporting Agency) can report a debt. The is 7 years plus 180 days past the DFD.If you don't respond with the above actions, it may be more difficult in the future to make them comply with the FCRA and FDCPA. This is the only way to make the law work for you. Do it now. Do it in writing. Keep accurate records.If I'm wrong on anything, I hope that some of the more knowledgable and senior members will chime in.Good Luck.Argento Link to comment Share on other sites More sharing options...
kevin3344 Posted April 11, 2007 Report Share Posted April 11, 2007 (edited) I have one here that is over 10 years old, and they are demanding payment.Obviously the reporting time is up! A simple DV w/C&D would get rid of them for good. As the first two posters mentioned, use DV to your advantage here, especially for old debts.________VOLCANO VAPORIZER Edited September 9, 2011 by kevin3344 Link to comment Share on other sites More sharing options...
zfire Posted April 11, 2007 Author Report Share Posted April 11, 2007 Thank you all!I will send letters. Texas is 4 years on SOL for collections.It's a debt that is 10 years old. Not on my credit report anymore.I will send a letter to this CA. Link to comment Share on other sites More sharing options...
zfire Posted April 11, 2007 Author Report Share Posted April 11, 2007 Another question.Am I reading right that if I dispute any debt with the credit reporting agencies.. TU. Experian, and Exuafax that there is a possibiity of it makingmy credit score worse? Forgive me, I know I am stupid. I didn't knowabout how to fix anything until I fell into this forum. Link to comment Share on other sites More sharing options...
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