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I sent a DV to a CA for a payday loan that was defaulted on in 2008. I am in California.The CA sent back a DV with a copy of a contract from OC with my signature on it. My heart fell when i saw it.

My questions are:

1. This loan was defaulted in 2008. SOL for writen contract in California is 4 years. So the SOL expired in 2012. Correct?

2. Their letter said they "would be happy to discuss a deferred payment arrangement that would fit into" my budget. (Of course they would) Do I really want to setlle/pay this when it's past SOL? It will be coming off my credit report in 2015.

3. Either way, What do I tell them in my reply? that this is past SOL and I am not paying it?

I am trying to clean up my credit and would like to settle/pay those that make sense to pay. This is the only one involving a payday loan.

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Yep it's past the sol. You can sen them a letter that says dear sirs, I refuse to pay this debt, it is passed the sol. Cease and desist any further collection attempts. Signed me

They will be allowed to contact you one more time to tell you what they plan on doing, if they contact you after that you could have an fdcpa violation against them.

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This debt is out of statute. Paying now would restart the debt - and they will most likely sue.


Send a C&D letter via Certified Mail informing them that the debt is out of statute. IF they do sue or continue collections, then you have both an FDCPA and a Rosenthal claim. 

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thank you for the responses. I will send them a certied letter telling them just that.

Is this acceptable? Do i need to add or delete anything?

To Whom It May Concern:

This debt is out of statute.

Under the Fair Debt Collection Practices Act Section 805 ©, it is my right to request that you cease contact with me. I am exercising my right to do so with this letter. I request that you immediately CEASE and DESIST all contact with me.

With this notice, under the law, you can now only contact me to:

To advise me that your company's further efforts are being terminated;

To notify me that your companiy may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or

Where applicable, to notify me that your company intends to invoke a specified remedy.



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My letter is a little less wordy...



Dear Debt Collector:


This debt is out of statute. I refuse to pay and demand you cease and desist all collection efforts. 


Should collection efforts continue, I will sue for both FDCPA and Rosenthal FDCPA violations. This is your first and only warning. 





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