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debtfreein18

LVNV...to FOAD or not to FOAD...that is the question!

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So...

DH had an alledged debt with Wells Fargo. The usual default, charged off, sold to JDB situation. LVNV owns the debt. They sued DH in IL small claims in fall of '08. DH won because dingbat local lawyer had no evidence (and I mean ZERO). Dismissed w/out predjudice, but they never refiled.

Meanwhile, alledged debt is now well beyond SOL for IL. LVNV on credit reports due to fall off next month.

Two weeks ago, got the standard dunning letter from ALW Sourcing on behalf of Resurgent, who we all know is the same as LVNV.

At first I was thinking of sending ALW Sourcing and Resurgent/LVNV a FOAD letter and then sit back and wait for them to either violate or just go away and drop off the reports. But now I'm wondering if I should just let sleeping dogs lay and ignore it, since it's due to drop off? I don't want to anoy them into re-aging it or something. I'm not worried about a suit as I'd have an affirmative defence, plus there is an aribitration clause in the card holder agreement the attached to the original suit (nice of them! :) ). But I honestly don't want to poke them with a stick if it's just going to cause more headaches, either.

So, should I send them a FOAD? Ignore them? Some other option I'm not thinking of?

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I would send them a FOAD letting them know, we went to court, case dismissed and now SOL for legal recourse, have a misrebale life.

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I would send them a FOAD letting them know, we went to court, case dismissed and now SOL for legal recourse, have a misrebale life.

I agree completely

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What's the IL law on them messing with you after SOL?

In WI it's a big nasty (but we Are special you know) and if I were sitting on great evidence of timing, I'd send a letter And I'd do something to goad them, poke, poke,poke, so I could sue. Make SURE of the timing issue.

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