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SOL question i was hoping for some help with


crazy916
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I recently received a collection letter from RJM Acquisitions stating that I owe a debt to them. After which i acquired a copy of my credit report from all 3 CRAs and Chexsystems, while the credit report from Transunion states that the debt went into collection as of 2/2008, the Chexsystems one says it was reported on 3/28/2007.

Now I know that the SOL in California is 4 years do I go by the credit report date or should I go by the Chexsystems date and send them a SOL/DV letter.

Thank you for all your help as this will be my first credit dispute of many and I would like to clear somethings up before I do send it in.

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Now I know that the SOL in California is 4 years do I go by the credit report date or should I go by the Chexsystems date and send them a SOL/DV letter.

Neither. You go by the date of default or delinquent (basically the same). For example if your payment was due October 10, 2007, then October 11, 2007 would be the date the statute of limitations would start.

They would then have until October 11, 2011 (assuming your correct about CA statute of limitations) to sue you where an affirmative defense of the statute of limitations would not be successful.

Credit reports are hearsay and just to be used as a guide. As you can see, your getting two different dates.

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Thanks Coltfan. I am still kinda new to these forums and after I posted realized I should have probably posted this in the Collection section also. I am going to try for an SOL/DV letter see how that works out since the Chexsystem on puts it at 4 years 6 months.

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I'm not sure what you mean by a SOL letter. I would just send them a basic DV letter. If the debt is close to the SOL and not up yet, you don't want to tip them off your watching the clock.

If it is 100% outside the statute of limitations. I would send them a drop dead letter or a letter trying to invite a lawsuit.

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