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VICTORY!!! (I think)


Brokestudent2012
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Hey,

So a little background... I had a bank account in Missouri that went negative in 2006... and I had been wavering back and forth as to what to do about it. Well, after contacting an attorney and the original bank that I opened my account at, I was told that the checking account was an "open account" and therefore subject to a SOL of only five years!!! This is definitely great news for me, because I plan on sending a C&D to the collection agency that now owns it, and telling them that the account is no longer legally actionable... :)

And it'll be removed off of my credit report in the beginning of 2013... and since I won't really need my credit report for anything until WAY after then, I'm pretty good :D

Anyone got any advice for me so that this doesn't backfire? I'm not agreeing to a payment plan, and not contacting the debt collector by phone ever again.

Sweeeeeeeet!

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Anyone got any advice for me so that this doesn't backfire?

The C&D, it appears from the legal advice you received, is a good idea. I would mention nothing about the statute of limitations. My letter would be.

Dear Collector,

Cease and desist all further communication me.

Sincerely,

Your name

It's tempting to rattle off a bunch of legal jargon. However, while unlikely, you can restart the statute of limitations by certain statements. The laws can be tricky and sometimes not make sense. Short and to the point is the way to go. The more you write, the more chance you can say something wrong or give them something to try and twist and turn against you.

Also, you've protected all your rights. You don't have to assert a statute of limitations defense, unless sued. It's an automatic FDCPA violation if they sue you on a debt past the statute of limitations. You do not have to previously disputed and/or mention the statute of limitations for it to be a violation.

Finally, that short letter covers all possible contact.

Don't call on the phone- Covered, any communication, phone is a form of communication.

Don't send me a letter- Covered, any communication, a letter is a form of communication.

Don't visit me in purson- Covered, any communication, face to face is a communication.

By Email- Covered, any communication, sending an email is a form of communication.

What type of time frame are you restricting the communication? Any time.

Every possible time for contact is covered by the simply word, any.

I'm not agreeing to a payment plan.

Agreed, unless your crazy.

and not contacting the debt collector by phone ever again.

Smart.

Edited by Coltfan1972
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