jenchey929 Posted November 9, 2008 Report Share Posted November 9, 2008 My husband has recieved two letters in the mail this week (from 2 different CRA's!), about bills from 1998. One is on behalf of a Verizon home phone bill, the other for a jeweler. Neither is even on his credit report anymore (i just checked!).The one for the jeweler was sent from Portfolio Recovery Associates. They are giving him until Dec 5th to pay the debt in full, or they are adding interest, pretty much doubling the amount! What do we do? Thank you! Link to comment Share on other sites More sharing options...
willingtocope Posted November 9, 2008 Report Share Posted November 9, 2008 You've got a lot of reading to do. You need to learn the abbreviations...there's a "sticky" at the top that explains them all.CRA = credit reporting agency. What you probably meant was CA = collection agency...but, on a 10 year old debt like these, what you're probably dealing with is a JDB (junk debt buyer). JDB's purchase old debt that are beyond the SOL (Statue of limitations) for your state, and then try to scare you into coughing up money. The JDB paid pennies on the dollar for the rigrht to hassle you...you really don't owe them anything.However, you need to be sure these debts are SOL for NJ. And then, you need to decide how you want to deal with them. You can send the JDB / CA a FOAD letter...you can pay them (which I wouldn't recommend)...or you can use the DV process to see if you can trip them up and sue them for FDCPA violations. Link to comment Share on other sites More sharing options...
jenchey929 Posted November 9, 2008 Author Report Share Posted November 9, 2008 I'm sorry! I did read the sticky... I just got confused. I've been looking at the abbreviations, but I can't find the ones I'm looking for. What is a FOAD letter and where can i find one, or an example of one? I did look at the SOL for NJ, and there was only one thing that was 10 years... pretty much everything was 3-6 years. I'm not quite sure what the jeweler credit and verizon would count as, but this is what it says herehttp://www.creditinfocenter.com/rebuild/statuteLimitations.shtmlState NJOral 6 yearsWritten 6 yrsPromissory 6 yrsOpen-ended Accounts 3 yrsthis is from another link I found on this website http://www.carreonandassociates.com/articles/collectionlaws.htm#New_JerseySTATUTE OF LIMITATIONS (IN YEARS) Open Acct.: 6 Sale of Goods: 4 Written Contract: 6 Domestic Judgment: 20 Foreign Judgment: 20 So it's past the SOL, right? thank you! Link to comment Share on other sites More sharing options...
willingtocope Posted November 9, 2008 Report Share Posted November 9, 2008 Not a problem. There's a lot to digest on the site here. Sure looks like those debts are SOL. You probably want to check with your state's web site to be sure...SOL laws do change frequently.A FOAD letter is a *expletive deleted* Off And Die letter. Its best if you put it in your own words. Basically tell them that if this really is your debt, its certainly beyond the SOL for your state so stop contacting you. (SOL debts are still collectable. All SOL means is if they sue, and you show up, and raise the SOL defense and the judge agrees, they don't win). Link to comment Share on other sites More sharing options...
Leadhead Posted November 10, 2008 Report Share Posted November 10, 2008 They could still sue you but since it's past the SOL, you could file an FDCAP counter claim for mispreresenting the legal status of the debt. Link to comment Share on other sites More sharing options...
Recommended Posts