65224349

Company trying to collect old charge off that's past statute of limitations.

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I have an old (> 5 years) charged off credit card account that credit bureaus say will fall of my history in less than a year.

 

The last payment date is also several years beyond my state's statute of limitations.

 

Suddenly a collection agency is mailing me about it.

 

How should I handle this? Ignore them?

 

Normally I would send validation letter but in this care with it being so close to falling off and past SOL I'm not sure what to do.

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It is very simple:  you send them a cease and desist otherwise known as the FOAD letter.  It is not illegal to try to get you to pay but if you do then it will keep reporting for another 7 years from that date.  Tell them to pound sand and if they continue trying to collect after the cease and desist then you can sue them for violating the FCDPA.  I would not waste time with a DV given your fact pattern.

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@65224349

 

Making  a payment on the debt would not reset the 7-year SOL for reporting to the credit reporting agencies.   The 7-year reporting period is based on the date of first delinquency reported by the original creditor.

 

BUT, a payment might reset the SOL for collection purposes. 

 

If the debt is outside the FL SOL, I'd send them a cease and desist.

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I'd still send a dispute wording along with your cease communication. This puts them on notice it is being disputed by you and you are invoking a cease comm. The rationale is to avoid any possibility of them issuing a 1099 for the alleged debt. I'm simply paranoid and like to cover all possibilities. A cease comm does not tell them the debt is disputed.

 

I dispute this alleged debt entirely. This is a full cease communication as per the FDCPA. Do not contact me.

 

Yours,

 

Joe Consumer.

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Unless an account is cancelled through some sort of litigation they can try and collect on it until you die and sometimes beyond that. All they can do is send you letters and call you. You will have to get aggressive and send them a cease and desist letter. Send it CMRR through the USPS so you will have proof if needed in the future. It also doesn't hurt for you to take someone with you and have them read and witness you sending the letter. 

Then they will either stop bothering you, sell the debt again or continue collection efforts. If they continue collecting then you will need to sue them in federal court under the FDCPA, which is the only way to make an old debt go away forever. 

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