allegro Posted November 15, 2013 Report Share Posted November 15, 2013 Been quiet for awhile, until today when I received a letter from "Recovery Solutions" for an old CC account. Typical letter, settlement offer, 30 days to dispute, etc. On the other side, it says I have 10 days to respond before they will take legal proceedings and "attached you will find copies of the court paperwork to be submitted starting a lawsuit between yourself and Recovery Solutions" (Thats a new one!). So I take a look at the "court paper work" and it appears to be a legit case cover sheet and a legit complaint letter (Not sure what you call the form that lists the allegations). However, there is no court case in that particular county and no case # on the paperwork or filed stamp, etc. To note, they are listing that this lawsuit will be filed in a county that the contract was broken in, however it is not a county I have ever lived or done business in (I seem to recall that can not be done, but not certain?)So, of course I pulled up the CR that I saved from last year to confirm what I thought, the last activity shows 30 days past due in Oct 2009, so I believe the last payment was Sept 2009. SOL here is 4 years. So my question is, what is the recommended course of action? Ignore it? Validate? Tell them its outside the SOL? Any guidance is much appreciated! Link to comment Share on other sites More sharing options...
TomnTex Posted November 15, 2013 Report Share Posted November 15, 2013 Drag it out, buy yourself more time if you can by sending them a DV letter and try and delay until your sure. Then hit them with an oh! By the way this is sol and your trying to collect....FDCPA violation then. Link to comment Share on other sites More sharing options...
WhoCares1000 Posted November 15, 2013 Report Share Posted November 15, 2013 The OP already has a FDCPA violation. They overshadowed the 30 day dispute period with the 10 pay or sue period. As for the case information, the reason it has no case number is that they have not filed yet.I would still dispute just to see if the violate again and they if they do sue, file a counter-claim along with a motion for summary judgement for the defendant for their claim due to SOL. Link to comment Share on other sites More sharing options...
BV80 Posted November 15, 2013 Report Share Posted November 15, 2013 @allegro As WhoCares said, you have an FDCPA violation for the overshadowing of the 30-day notice. Also, if you're positive the the debt is outside the SOL, you may have a violation for 1692e(2)(a). You can mail a DV on your way to an attorney's office. 1 Link to comment Share on other sites More sharing options...
debtzapper Posted November 15, 2013 Report Share Posted November 15, 2013 www.westcoastlitigation.com www.attorneysforconsumers.com www.krohnandmoss.com www.crowderlaw.com www.kazig.com Link to comment Share on other sites More sharing options...
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