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Out of SOL Collection in California


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Hi everyone! :)

I have a CA sending me letters every four months or so trying to collect a debt from 1997. The debt appeared on my report in 2000 and I disputed it because it was not mine. (True story) It was $300.00 or so back then and now it is over $900.00.

Anyway, way beck in 2000 I disputed the debt with the CA and they sent a letter saying the records didn't exist or were destroyed. I sent this to the CRA and obviously it has been off my report since then.

About two years ago they started sending collection letters again and I sent them an out of SOL letter and copies of their letters stating they have no way to verify the debt.

Each time I get letters I just shred them because it is off my report, they aren't doing anything with my report etc, but part of me reads the "dispute within 30 days" part and thinks that to be safe I should keep sending the letters they had send me back to dispute.

After 10 years you would think they would stop.


BTW....the CA is in Louisiana.

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Oh yeah it should definitely be SOL. Cali laws are really 4 years with most debt's.

If it isn't on your report's or anywhere else I wouldn't be alarmed. You could file a complaint with a state official regarding this because at this point it's pretty much harassment. Good luck

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state official regarding this because at this point it's pretty much harassment.

I doubt it is harassment. It is most likely really bad records, Besides, from a legal standpoint "harassment" is a pretty high hurdle.

You are at the point where you either write complaint letters or you file a lawsuit. Each has pros and cons.

If the former route, you write complaint letters to the general counsel of the CA, to the State AG, to the BBB in the city where the CA is located and to the regulatory agency that governs CAs (I don't know who that is in California, but some time on google will tell you). After a while you get them to update their records.

If the latter, you sue for violation of FDCPA in that they have ignored your cease and desist letter. Forget DV as it is a waste of time in your situation. If you have not sent a cease and desist, do so now and then see what happens. You can handle the lawsuit yourself if you are willing to study and learn how.

All this make sense?

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