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SOL and C&D letter - CA


JessEA
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Hi guys,

I've been getting calls at my work for employment verification from a CA Worldwide Asset Recovery (old Orchard Bank card). This is for an account that defaulted in February 2010. I know this is outside the SOL for California, so I'm not too worried about that. However, they're leaving messages with my front office and even with my boss today. I'm planning to send them a C&D letter, assuming they'll have to stop calling etc., and the only thing they can do at that point is file a lawsuit right? So my question is, should I send the letter and then just wait it out, or should I let them know the SOL is up (or let them know that I know it so they can't bully me into paying it)? They said they've been sending me notices by mail, but they had a very old address so I've never received one and therefore have never had a chance to respond or ask for verification and so on. I just want to make sure I take the right steps now, and to get them off my back so they quit calling my work!

Thanks

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@JessEA

 

If the name of the company reveals that they are a collection agency, they are in violation of the FDCPA, section 1692c(B).   They cannot reveal to 3rd parties that they are a debt collector.  If they're name doesn't reveal that they're a collection agency, it could depend upon what's stated in the messages.

 

In any case, if the debt is outside the SOL and they can't sue you, they don't need employment verification.  Also, the person you spoke to MIGHT have violated the FDCPA by stating that you MAY be sued.  But, if you didn't record the call, it would your word against hers.

 

You could either contact an attorney for possible FDCPA violations, or send a C&D to the collection.   Tell them to cease and desist all contact with you and your employer.  If they violate it, definitely get an attorney. 

 

I'd also make sure the messages are saved. 

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