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Is this junk debt collecting?


Elly
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Hi,

I'm new here so please bear with me - and I apologize in advance for the length...

My husband has an old debt from approx. 11 years ago (we think, cannot find the paperwork from this) that is not on his credit report anymore. Over the last 2 months we have been getting calls and letters from a collection agency about this debt. The latest letter stated that, if he does not contact them within 30 days, the debt will be assumed to be valid, mentions getting an attorney involved (I am assuming some kind of court case). The letter also says that, if disputed, they will obtain verification of the debt. I KNOW it is beyond the statute of limitations in Vermont so:

1. Should I dispute this? If I do dispute does that make everything worse?

2. If not - where whould I go from here?

3. What is "verification of the debt"? Should they have that already?

Thanks for any info!

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Welcome!

Send out a "DV Letter" - a simple "This debt in its entirety is disputed. I also know the Statute of limitations has long expired on this debt, so you have no legal remedy to collect on this debt further. I am requesting you Cease and Desist in any and all furhter communication with me regarding this debt

Have a nice day"

Basically, it's referred to as FOAD (insert your own words here) letter...

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LOL Yeah...i'ts not exactly listed there :wink: Eff off and Die is what it means.

EDITED TO ADD:

Basically, that letter I said in my first post basically takes care of it. It's illegal for them to list a debt without providing you verification of it, so if it shows up on your CRs without them proving its yours, then they've broken the law. If it's been more than 7 years since the debt "went bad"...then it's illegal for them to report it on your CRs. Also, if they threaten legal action on you for this debt, it's also illegal for them to do that. sending the "Cease and disist" portion makes it illegal fo rthem to do anything else, except to contact you once more to tell them of their intentions.

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There is a thriving market for such totally junk debt. It can be bought and sold in big packages

for some thing on the order of 1/4 of a cent on the face dollar amount. Making it potentially profitable for them if they can get more than one person in 400 to pay.

Just don't be that one person in 400 totally ignorant of your legal rights. Just politely tell them to go away. Once they know you know your legal rights, they know its fruitless to waste more

time and money on you and your husband.

And once they receive a full C&D, they could owe you money if they violate.

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Because the dunning letter mentions legal action, I wonder if the tolling provisions are being considered here by the CA or something else?

to the OP, has your husband ever left the state for a period of time, that would toll this debt in any way ??

Is this a Credit card debt ? since you did not mention what type of debt being discussed here...

If No to leaving the State, and Yes to it being a CC account, than, Yes, as everyone has mentioned, send them a FOAD letter, and make certain to mention their violation in mentioning legal action on a "Time-Barred" account...

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to the OP, has your husband ever left the state for a period of time, that would toll this debt in any way ??

Is this a Credit card debt ? since you did not mention what type of debt being discussed here...

I'm sorry - I also don't know what "toll this debt" means - I think it was originally incurred out of state but it is beyond the SOL in that state also

and yes, it is a credit card debt.

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