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dv letter or CD for sol debt


NeverServed
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I am trying to figure out the best way to proceed. This is with mcm but is a dell financial account. Equifax is showing with oc last pymt was jan06. We are past the sol now but would I send. A. Dv letter and see what garbage they come up with? And try to see if they are changing dates".

Or send a cd letter based on it being out of sol?

Or a letter saying its past sol please do not contact me again.

Looking for the best way to proceed. As I've been reading midland is pretty ruthles. So if they did take me and try to sue me. Do I just show the judge a copy of my cr? Since it proves its past sol? Thanks

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Personally, I'm doing everything under the sun to try and get sued on a debt that is outside the statute of limitations. Might sound strange, but I'm not alone in that thinking.

I've been sued on an out of statute debt and it is a blast. You can't lose (well you would have to really try hard to lose) and the worst case is both parties leave with nothing.

However, to answer your question, that all depends on you. If you want to be left alone then a full C&D. If you want to play around, then a DV. If you want to goad them, try sending a letter telling them you just got your tax return but have other bills to pay and if they sue you or contact you again, you will call the BBB and report them to the prosecuting attorney who will immediately put them in jail.

If they do sue you, credit reports are hearsay. You would use Midlands own records, that you obtained in discovery, against them. In other words you would argue the affirmative defense of statute of limitations, then make Midland produce records that prove your defense. Nothing better than forcing the other side to produce documents that make them lose and nail them with an FDCPA violation.

Before you do anything, you better make certain, 100% for sure, this is out of statute. Not what you think, feel. or have been told, but it is for sure out of statute. Sounds like it is but the statute of limitations is not always as clear cut as it appears.

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Is this within the first 30 days? If not, DV means/does nothing.

If this is on your CR and you are certain it is out of SOL (Double check the contract for choice of law provisions) then dispute. Either dispute straight to the CA and watch your CR to see if they report it as disputed as required and then see what the outcome is, or send a dispute to the CBs and the CA all at once. If it is out of SOL, stir the pot. Either they will drop it or mess up and violate your rights. If they sue, then you'll have to get more records, but yeah you bascially answer with an affirmative defense that this is a time barred account.

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thanks guys You too are a hoot! anyhow I know 100% sure I did not pay it after march 06. I have no idea how to get the clause or contract. Its for dfs.

I am 99% sure that it was last paid in dec 05 or jan 06

I really dont want to play with them. Because I have alot in my personal life a special needs child. So I dont have alot of time to play games with them. So thats why I am seeing which way to go. I would love a dv only because in that they have to send me If I am correct records. everyone knows there is a SLIM I MEAN SLIM chance they will actually have something. Then tell them oops its out of SOL! so your SOL! but not statue of limitationes on that one <<<<

Yes I am still in my 30days. I have to reply to them by their HUGE! settlement offer that they are being so generous to offer me which is 3 times the actually amount. Plus change.

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Is this within the first 30 days? If not, DV means/does nothing.

If this is on your CR and you are certain it is out of SOL (Double check the contract for choice of law provisions) then dispute. Either dispute straight to the CA and watch your CR to see if they report it as disputed as required and then see what the outcome is, or send a dispute to the CBs and the CA all at once. If it is out of SOL, stir the pot. Either they will drop it or mess up and violate your rights. If they sue, then you'll have to get more records, but yeah you bascially answer with an affirmative defense that this is a time barred account.

YES rambler in first 30 days!

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overshadowing?

If I dv them after they send stuff back DO I then send them a letter that its past sol? I am not trying to give them a plug nickel!

No their settlement offer is around 3400. saying that is 40% less then od/ But od was around 1,000. So how the heck do they come up with this crap seriously. They are charging more intrest then most states allow for judgements.

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post default interest is normally the same interest you were paying...so on a CC a lot.

If out of SOL, I'd dv, wait for reply then start in with things like you dispute and no way you will pay a dime until they can prove it is your debt, they legally own it, they can legally collect in your state, and that it is within the SOL. Until then go pound sand. See what they do then

overshadowing. Basically it's saying too much before you have had a chance to dispute. Things like you must pay us $XXXX before this date to avoid legal action can be viewed as overshadowing. A big part of that though depends on case law in your courts. It's a tough sell, but might be something to see if they violated lol. Instead of a DV slap them with a summons. Could be fun

I'd google more info...worth a look into.

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post default interest is normally the same interest you were paying...so on a CC a lot.

If out of SOL, I'd dv, wait for reply then start in with things like you dispute and no way you will pay a dime until they can prove it is your debt, they legally own it, they can legally collect in your state, and that it is within the SOL. Until then go pound sand. See what they do then

overshadowing. Basically it's saying too much before you have had a chance to dispute. Things like you must pay us $XXXX before this date to avoid legal action can be viewed as overshadowing. A big part of that though depends on case law in your courts. It's a tough sell, but might be something to see if they violated lol. Instead of a DV slap them with a summons. Could be fun

I'd google more info...worth a look into.

Oh, no. I respectfully disagree with the highlighted paragraph. I would never say I'm not going to pay a dime unless certain conditions are met. That statement could be considered a promise to pay. In some states, the promise to pay can reset the SOL.

If the debt is outside the SOL, you simply tell them to eat dirt. Simple and to the point. You can DV if you wish, but give no explanations. Just state "please validate".

If a debt's outside the SOL (if you're absolutely positive), I, personally, wouldn't waste my time with a DV request. I'd simply send a C&D stating "Don't ever contact me again in regard to the above referenced account."

No explanations, no recitation of the FDCPA, no "it's outside the SOL".

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Oh, no. I respectfully disagree with the highlighted paragraph. I would never say I'm not going to pay a dime unless certain conditions are met. That statement could be considered a promise to pay. In some states, the promise to pay can reset the SOL.

If the debt is outside the SOL, you simply tell them to eat dirt. Simple and to the point. You can DV if you wish, but give no explanations. Just state "please validate".

If a debt's outside the SOL (if you're absolutely positive), I, personally, wouldn't waste my time with a DV request. I'd simply send a C&D stating "Don't ever contact me again in regard to the above referenced account."

No explanations, no recitation of the FDCPA, no "it's outside the SOL".

So if they then try to take me to court what do I do. Answer it with its sol?

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So if they then try to take me to court what do I do. Answer it with its sol?

If the debt is outside the SOL, they'd be stupid to take you to court. If they did, that's your defense...along with failure to prove ownership of the debt (standing to sue).

Are you positive the debt is outside the SOL for collection in your state?

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If the debt is outside the SOL, they'd be stupid to take you to court. If they did, that's your defense...along with failure to prove ownership of the debt (standing to sue).

Are you positive the debt is outside the SOL for collection in your state?

6 years. In either GA or MI It says I last paid 1/2006 so Yes its out of SOL

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Never tell a creditor you will pay if certain conditions are met.

If it is past the SOL, and you don't want to deal with them, send a full C&D to them. That says this only-

Never contact me again.

Name here

That's it. If they sue you on it and it is past the SOL then you argue the SOL. All they have to do if you DV is just confirm the records from whoever they got the account from are what they are alleging you owe. They are not required to prove the debt is in statute or anything else, so a DV in this case is pretty useless anyway.

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this is the dv I omited the top part my address name etc.

To Whom It May Concern:

I have no knowledge of this account. I am requesting validation of the above referenced account

Please do not contact me by phone AT ALL . All correspondence should be made through the mail.

I am assuming I shouldnt sign the dv correct?

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Never Served,

You said that you don't want to play with this for various reasons right?

Sending a DV letter only invites the *fun* to begin. Personally, I'd play with them, goad them perhaps into some violations, then sue them and collect. But that's me.

If you truly want to be rid of them, send the C&D as described above. Not a DV. As stated a couple of times, a DV really is useless if the SOL has passed and you're sure of it.

Sounds like you're maybe not so sure if you're sending a DV, hey?

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I sent the dv today. I will wait to see if they respond hey they have 30 days that just makes it 30 days more past sol. Looooool! I talked to attorney today he told me ga law. It is 6 years from the date you last paid so its definately past sol. I need a comedic laugh at the moment. That's. Why the dv. I'm hoping some moron sees its past sol.

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Personally, I'm doing everything under the sun to try and get sued on a debt that is outside the statute of limitations. Might sound strange, but I'm not alone in that thinking.

I've been sued on an out of statute debt and it is a blast. You can't lose (well you would have to really try hard to lose) and the worst case is both parties leave with nothing.

I'm with Colt 100% on this. I actually have an out of SOL debt that a CA is trying to collect on right now. But, they have only started calling. I've asked em' for a letter so I could see what they allege I owe. So far though, I've received nothing.

But - if they DO send me a letter... it's game on. I will have fun with them all the way to court if I can.

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