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After SOL Settlement Letter Sample


Pancho
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Hello all,

I have read quite a lot in the last days about Settling with a collections agency.

My situation is that I co-signed for a car and now they are coming after me for the money. The debt is under 5K

I did do step one, asked for Validation, and they responded, but even that shows that the SOL has expired, but I want to get rid of this once and for all

After reading several ideas, sugestions and sample letters I've written the letter bellow, and I want to send it by have one very interesting question:

As you may be able to tell, I'm using the fact that the SOL has expired,

So the quesion is, will this letter reset the SOL in anyway for Texas, my residence or in Florida (Debt origination)?

Thanks for your help

Pancho

My Letter...

To the Management of this Collection Agency:

I do not believe I owe as much as what you say I owe, I have also checked with my State Attorney General and verified that the Statute of Limitations for enforcing this type of debt through the courts in Texas (and in Florida) has expired. Therefore, should you decide to pursue this matter in court I intend to inform the court that the "statute of limitations" has expired

In an effort to save both of us a great deal of time and expense I would still like to offer to settle this account on the following terms:

I will pay your company the amount of $500.00 (Five hundred dollars) as PAYMENT IN FULL for the full satisfaction of this debt. Upon receipt of the above payment, your company agrees to change the status to the "PAID AS AGREED" with all credit reporting agencies. You further agree to remove all previous notations of any delinquency related to this account and to provide me with written confirmation that these steps have been taken.

If you agree to these terms please acknowledge this letter with your signature and notify me in writing of your acceptance with a signed copy of this letter. You agree that the terms herein are confidential and you have the authority to make such decisions. No payment will be made without written confirmation.

Upon receipt of written confirmation and a signed copy of this letter, I will send the funds via priority mail within 5 business days. Due to the nature of this matter please respond with in 30 days of receipt of the letter

Sincerely,

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The debt is OOS? I would try a more aggressive approach. Try this on for size:

Gentlemen:

FOAD.

Sincerely.....

What you are hoping for is a lawsuit. You can use the SOL as a defense so they can't win in Court and you will countersue them for the FDCPA violation of suing on an OOS debt. Make deletion of the TL a part of the settlement.

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What's prompting me to do this, is that today I called the bank to start on a re-finance and they told me that had to settle this before I could close, so now I have to look into this to get rid of it

I did not tell them anything about the debt having an expired SOL, could that be my way out?

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