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No response to DV, SOL passed...now what?


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I'm cleaning up my hubby's past debt/credit prob's from before we got married. We're not too terribly concerned about his credit report as mine is stellar and I make all the money, so what we really want is to get rid of this debt and pay as little as possible.

We live in IL which has a 5 year SOL. He incurred most of the debt while living in TX and CO, but I think they have shorter statutes. Anyway, the statute has definitely passed (or is about to pass) on most of his debt. For the debt in question, his credit report lists date of last activity as 4/2002.

Portfolio Recovery sent a letter in Feb which I responded to well w/in the 30 day window with a DV. They signed for the certified DV letter. They keep sending me collection notices saying "you have not responded to our recent attempt...". So, what is my next step? Do I re-send the DV letter with the certified receipt, or do I just tell them the statute has expired and they have no case? Any help in crafting a letter would be appreciated. This is what I have so far. Thanks for any help!!

This letter is being sent to you in response to a notice sent to me on May 2, 2007 regarding the above reference number. In the letter, you stated that I have not responded to a recent attempt to contact me regarding an amount due.

I did respond to a previous attempt made by you as evidenced by the enclosed copy of a letter that I sent to you in February of this year. Also enclosed is a copy of my certified mail receipt which provides evidence that this letter was received by your office on March 5, 2007. You did not respond to this letter to provide validation of the debt as I requested. Your continued collection activity and failure to respond is a violation of the Fair Debt Collection Practices Act, section 809(B). Please remove this collection listing from my credit report immediately or I will have no choice but to file suit. Additionally, the statute of limitations for collection of this debt has expired; therefore, this debt is uncollectible and I have an absolute defense.

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Portfolio Recovery has no intention of following the law or verifying the debt. They will continue to "poison" your DH's credit reports and continue to attempt collection until you sue them. I have been playing the same game with them for over a year. They have signed for no less than four certified letters demanding validation but continue to verify with the credit reporting agencies, updating the collection tradeline, and still send me letters. The last one from them is a threat of a suit. I think they're bluffing but time will tell. I have been planning to file suit against them but have waited because I am in the process of moving and don't want to drive half way across the state to appear at the hearing. I need to wait until I am moved and settled in at my new address.

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I'm confused, can they file suit if the SOL has passed? Won't a judge throw it out? I'm not really wanting to file lawsuits, or clean his credit, like I said, my credit is good enough and after 7 years, this stuff disappears anyway, right?

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I'm confused, can they file suit if the SOL has passed? Won't a judge throw it out? I'm not really wanting to file lawsuits, or clean his credit, like I said, my credit is good enough and after 7 years, this stuff disappears anyway, right?

Ahh thats what I used to think as well. Yes after 7 years it dissapears UNTILL a Junk Debt Buyer gets ahold of it. Then you get to start ALL over again and again and again and again.

I have 3 summary judgments against me in my own clerks office and courts now that were filed over a year ago and I just found out! Never heard a word on them just I was NEVER notified that I was supposed to be in court and bam they win! Yes they were mine, no they never did answer the DV which theyre not required to do

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the old accounts can only report for 7.5 years. Judgements are differenty they can be renewed and stay on, and on. If a JDB buys an old account, they are limited if the debt is older than 7.5 years. If they reage to report, that is illegal.

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I'm confused, can they file suit if the SOL has passed? Won't a judge throw it out? I'm not really wanting to file lawsuits, or clean his credit, like I said, my credit is good enough and after 7 years, this stuff disappears anyway, right?

They can file suit and win by getting a default judgement if you don't show up to "use" the SOL as your defense.

JDBs and CAs just don't disappear- that's how they make their money.

Like everyone alluded- it's a vicious cycle. That's why YOU rack up the violations and then YOU sue them.

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Ahh thats what I used to think as well. Yes after 7 years it dissapears UNTILL a Junk Debt Buyer gets ahold of it. Then you get to start ALL over again and again and again and again.

I have 3 summary judgments against me in my own clerks office and courts now that were filed over a year ago and I just found out! Never heard a word on them just I was NEVER notified that I was supposed to be in court and bam they win! Yes they were mine, no they never did answer the DV which theyre not required to do

If the DV was timely they are required to respond. The reporting does not start all over again because a JDB buys the account. The account can only be reported up to but not exceeding 7.5 years from the date of first major delinquency providing the account was never current after.

Judgements are different. They got default judgements on you and if you dont pay they can renew the judgement and let it stay on the report for what will feel like forever. You may want to check your state laws to see if you can get the judgement vacated.

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  • 11 months later...

Portfolio Recovery has been calling me re an old Citibank debt from 2001 which has since fallen off my credit file.

I have not answered the cell phone as I know enough not to ever speak to a CA on the phone.

I'm contemplating sending a letter to them disputing the debt, advising them that the SOL has passed and telling them to cease and desist contacting me and any violations by them will be pursued.

I was advised by 2 posters on another finance board to get an attorney to send the letter for me.

I am off the mind that I can do it myself. What do you guys think? and have any of you been in the same situation? I will say that the debt is alledged to be for over $9k and was first owned by NCO who obviously sold it to Portfolio Recovery. The alledged debt occurred in another state from where I live now but I have checked and both SOLS are 3 and 4 yrs but this debt is over 7yrs old.

I would love to hear thoughts on this.. Thanks.

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