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Collection Agency post SOL


weisburglar
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NO! Do not pay it, do not give them a small payment on it or you will restart the SOL. Send them a C&D and tell them they are trying to collect on a SOL debt. They may try to scare you or threaten you. Don't let them get to you.

 

They can try to collect, but they can not sue you anymore unless you restart the SOL. Don't let a family member make a payment for you either. The will sometimes threaten to jail you if you don't pay and a family member will pay up. If you think that may happen, warn them not to.

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  • 2 weeks later...

Go through the motions with this, just to protect yourself. If this is the first written communication you've received from this debt collector, send a validation request. If the letter does not advise you of your rights to request validation, go see a lawyer. 

 

I have noticed over the last 6-8 months a "new" batch of debt buyers whose business model is to purchase out of statute debt and sue on it - they're small companies buying small portfolios of high balance accounts for nearly nothing. I don't know who is communicating with you on this one, but don't assume they won't break the law. 

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@weisburglar - debt validation letter for sure.  

This is my current choice for dealing with these situations at the moment....

 

Date

JDB/CA

 

Address

Address

Account Number XXX XXXX XXX

To Whom It May Concern:

 

Address

Address

Account Number XXX XXXX XXX

To Whom It May Concern:

I dispute this alleged debt and demand written verification from you.

I have checked with my state Attorney General and confirmed that the statute of limitations on this type of debt has expired.

(Depending on the given situation a statement such as ... The ( your state) statute of limitations can be used as an affirmative defense against a time-barred lawsuit.  Beware of violating 15 U.S.C. 1692e., can be included.

 

I refuse to pay this alleged debt and do not wish to be contacted about this again.

I hereby demand you and anyone representing your organization immediately cease and  desist from contacting me , or anyone, pertaining to this alleged debt.

Sincerely,

Me                                                                                                                                                                                                            signature deliberately withheld.

                                                                                                                                                                                                                  My address

My address

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  • 2 weeks later...

I can vouch for the time-barred strategy regarding old debts. I had one debt that was an old internet service bill (which I disputed at the time, but they refused to work with me, so I never paid it) and by sending them a notice that the debt was beyond the statute of limitations, I got a favorable reply regarding the debt and how they would no longer collect it and would remove it from my credit report.

 

Likewise, my mother had a old OLD debt from around 2001 (might have even been earlier) that a company was trying to collect and I wrote a letter for her regarding the statute of limitations and time-barred collection activities, and she got a similar favorable response. The debt collector said they'd no longer try to collect (interestingly, it wasn't even being reported on her credit report or my father's - yet they had been trying to collect on it for YEARS).

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