Truru Posted August 20, 2012 Report Share Posted August 20, 2012 Just trying to figure out what to do. I just received a new collection notice from a debt that I stopped paying in October of 2006. The six year mark is coming and I am wondering if I should attempt to stall to the SOL date by sending a debt verification letter or if this will just amp up collection attempts or court proceedings. Should I just let it lay...it is nearly a 10000 debt and I don't want to have to go to court so close to the SOL! Link to comment Share on other sites More sharing options...
Truru Posted August 20, 2012 Author Report Share Posted August 20, 2012 And I just found that they have affiliations with my state so they quite possibly could sue... Link to comment Share on other sites More sharing options...
kutuzov Posted August 20, 2012 Report Share Posted August 20, 2012 Do a Debt validation letter, 20 days after the date on the letter, and send it that day. That would buy you a whole month. Then when they respond, send them a refusal to pay, and game over. A refusal to pay is the same that a C&D. In no more than 30 days, they will need to find a lawyer and file with the court, that they probably won't do, if no one filed in 6 years chances that this guys will file in 30 days are slim to none.Congrats! you just got your debt forgiven by SOL! Link to comment Share on other sites More sharing options...
Truru Posted August 20, 2012 Author Report Share Posted August 20, 2012 (edited) Thanks...just for kicks when is your thought on SOL start date. I may have to tack on another month if you go from deliquent date. Set if you go from last payment...Also, not to be to filled with questions, but it seems that the original purchaser of the debt has hired this second company to move on collecting that has the affiliation in my state. It seems to me that they are positioning themselves to sue...thoughts? Edited August 20, 2012 by Truru adding some Link to comment Share on other sites More sharing options...
kutuzov Posted August 20, 2012 Report Share Posted August 20, 2012 If it's a credit card, default is the day when you missed first payment. A a general rule add 30 days from day of last payment. Anyway 30 days or 60 days won't really matter. They got to send it to a lawyer, the lawyer itself is a debt collector, so he got to send you a dunning letter again, you send the DV 20 days after the printed date on the letter, then they got to send you a verification, in all that you squeeze in antoher 30 days at least. You are more than safe to DV them. Link to comment Share on other sites More sharing options...
Truru Posted August 20, 2012 Author Report Share Posted August 20, 2012 Thanks! Love it! Link to comment Share on other sites More sharing options...
Truru Posted August 20, 2012 Author Report Share Posted August 20, 2012 Any examples of a refusal to pay letter you would recommend? Link to comment Share on other sites More sharing options...
kutuzov Posted August 20, 2012 Report Share Posted August 20, 2012 To whom it may concern.In regards to your last letter dated xx, I refuse to pay for this alleged debt.Sincerly yoursMe Link to comment Share on other sites More sharing options...
Truru Posted August 20, 2012 Author Report Share Posted August 20, 2012 To you, lmao...thanks. me Link to comment Share on other sites More sharing options...
fastback_lover Posted August 22, 2012 Report Share Posted August 22, 2012 Why does the refuse to pay letter give you another 30 days? Can you explain the law or rules pertaining to this ltr. Thanks Link to comment Share on other sites More sharing options...
kutuzov Posted August 22, 2012 Report Share Posted August 22, 2012 It does not, no where it says it gives 30 more days. Now the JDB is not a lawyer so they cannot file with the court, so when you refuse to pay, the only thing they can do is sue you or close the account, or just leave it in stand by. The JDB will need to find a lawyer and file suit in at MOST 30 days, since after that his debt is SOL. Link to comment Share on other sites More sharing options...
WhoCares1000 Posted August 22, 2012 Report Share Posted August 22, 2012 The refusal to pay does not give an extra 30 days. That was simply given as the thing to do last.In this situation, you wait 20 days and then send out a request to DV. Add 2 - 3 days for the DV to reach the hands of the JDB. Once that arrives, all collections efforts must cease until the DV is answered. Easy to do but most JDBs apparently do not know how to answer a DV. If they do answer the DV, that will usually mean that 40 days has passed as it will take about 17 days to route the letter to the appropriate person, that person gather the evidence, write the DV response letter, and get it to the OP. If the OP does get a DV response, then at that point you do a refuse to pay letter.What this does is runs down the clock to the point where they would have to rush to file a case to beat the SOL and when you do that, there will be mistakes. This will be a one bite at the apple type case where if they lose, even a dismissal w/o prejudice, they lose because then the SOL clock runs out. They could file after sending out the DV but again, it will be a quick file and the attorney they have contracted to may not be able to draw that quickly.So you use the law to gain a time advantage. The DV stops the JDB but not the SOL clock. Link to comment Share on other sites More sharing options...
fastback_lover Posted August 23, 2012 Report Share Posted August 23, 2012 I guess where I am confused is if the refusal to pay letter doesnt give you any additional time what is the purpose of sending it out? Is there another purpose for the letter? Thanks Link to comment Share on other sites More sharing options...
kutuzov Posted August 23, 2012 Report Share Posted August 23, 2012 Is the same as a cease and desist, if the JDB contacts him again, it's a FDCPA violation. They do have a last communication to tell him what they are gonna do but that's it. Link to comment Share on other sites More sharing options...
Recommended Posts