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Hello everyone, I hope all is well...

It appears an old account was sold was sold off once again, to some local attorneys.

The original case and thread is here:

http://www.creditinfocenter.com/forums/showthread.php?t=287982

I already went to court on this back in Dec of 2007, not much happened after that and a FWOP notice was generated and eventually case was dismissed.

I have the dismissal without prejudice from the judge.

I remember sending a motion to dismiss with prejudice with an ID theft affidavit attached shortly thereafter... I'm sure that was ignored as I received no response.

What concerns me is the original amount I went to court on was just over $1500. The collection letter from the local attorneys is claiming a current balance of $7200!!! :shock: with a 45% settlement. They have started collection activities and am not sure which angle to approach this from. I want to nip this one in the bud before they decide to serve me.

What can I do about this? What would be the best strategy to implement?

This is how it is being reported on my credit report pulled from annualcreditreport.com on 03/14/2011

EXPERIAN

Date opened: 07/2001

Reported since: 06/2003

Date of Status: 11/2004

Last Reported: 11/2004

Charge off as of 11/2004

Status Details: This item was verified and updated on Jun 2010

Credit limit $800

High Balance $1227

Recent Balance:$0 as of 11/2004

EQUIFAX

Date opened: 11/2004

Date reported: 02/2011

Date of First Delinquency 05/2004

High credit $1215

Balance $1964

TRANSUNION

Date opened: 11/2004

Balance $1964

High Balance $1215

Date Updated 02/2011

Past due $1964

Estimated date that this item will be removed: 04/2011

Thanks for all the help throughout all the years. I am definitely in a better place thanks to these forums.

Edited by INTHERED
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Hasn't the SOL run out on this by now?

That's the thing, I believe so but not sure how to tell. Each CRA has different dates. Do you think I have an SOL defense in case they sue again. How can I tell if they are re-aging the account?

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How long is the SOL in Florida? When was the last date you paid? Did they ever get a judgment on the acct before? If they already got a judgement they could renew it. But if you have paid on this acct since 2004 I believe it must be SOL. Have you promised to make a payment now or made any payments after 2004? If the acct is SOL then I would ignore their demands and if they sue I would use SOL as my defense. I do not believe they can re age the acct but I have far from any expert on collections but I would check on the SOL in your state and go with that.

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The account does not appear to be reaged. It was charged off in 2004. The 2 TLs that show "date opened" in 2004 would be the date the CA was hired to collect. If those TLs belong to a JDB, it's the date the JDB purchased the account.

In any case, the Transunion CR shows that the debt is going to fall off your CR next month. Since a negative TL can be on your CR for only 7 to 7 1/2 years, that proves the account went into default in 2004.

The reason the balance is now $7200 is because interest has been accruing on the debt. That is legal.

If the debt is outside the SOL, you can send a letter stating you don't owe the debt, you dispute it, and to cease and desist all communication unless it is in writing to tell you they are closing their files or taking legal action.

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As BV stated - the "fall off" date proves it is beyond SOL. Send them this letter, CRRR and wave them goodbye! :)++

Your Name

Your Address

City State

Their Name

Their Address

City, State

Date

Dear Collection Manager,

Re: Account Number # __________________

This is in response to your letter dated _____________, copy attached.

I dispute the alleged debt.

According to Florida's state statute 95.11, the Statute of Limitations for this type of debt through the courts in Florida has expired. If you intend to take this issue to court, I shall inform the court of my dispute of this debt and that the debt is beyond the Statute of Limitations.

All phone calls to me are inconvenient, so all communications need to be by mail.

Best Regards,

Your Name (Typed)

Edited by Linda7
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