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Question on SOL & C&D letter


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I just wanted someone with more experience to verify that I understand this issue I am having with a collection agency.

I lost my job and because of that defaulted on a Chase credit card. It went to collections and eventually appeared on my credit report NLT 11/2003. I see it on my TransUnion report and it has a "estimated removal date" of 11/2010 (yes, next month).

I have been receiving letters and phone calls from a collection agency for the past year, although the original creditor remains on my report as the reporting party. The collector would like to settle, etc.

Does this make the following true:

1. The SOL in Illinois on an open ended account is 5 years. We passed that window of opportunity in 11/2008. No lawsuit or garnishment can be forthcoming.

2. The CA is likely assigned the debt but has not purchased the debt since they do not appear on my credit report, only the OC.

3. The CA contacting me is attempting to collect "zombie debt", since it is outside of the SOL but inside of the 7 year reporting period on my credit report.

Making my actions:

1. A letter to the CA to C&D because they are attempting to collect zombie debt.

Wait until 12/1 to see if the entry actually falls off of my report. If not...

2. Letter of dispute with the reporting agency based on the account exceeding the time limit it can remain on my report.

3. Debt validation letter to the OC to specificly determine the date of reporting.

As long as I do not make any sort of payment on the debt, nor any such promise to do so, no action should modify or extend the date and the entry should fall off of my account.

This is my first post and this site is awesome. Has a Paypal link been considered for donations to upkeep?



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You need to send a cease communication letter to the CA stating you dispute this alledged debt entirely and wish as per the FDCPA for them to stop contacting you. Also, (important) tell them that the SOL has come and gone for suing. If you don't preserve your rights they Can sue based on an account stated action in essence saying you received all these demand letters and by ignoring them are acknowledging the debt.

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First, thanks for the reply.

I typed up a C&D letter that points out the SOL has expired. I continually referenced the debt as "alleged" and said I wished no further contact.

TransUnion shows an estimated removal date of 11/2010 on my report (I wish other reports showed this). How do you prove the date of cause for the other two CRAs? I don't have statements or documentation for this card.

After 11/2010 do I challenge the TL and upon a validated response send a DV letter to the CA? A DV only *need* show OC, amount of debt, and right to collect. I'm not sure how that helps me show the age of this debt.

Any help appreciated.

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