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Am I Going to be Sued Because of Errors and a "Perpetrator"?


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Okay, this debt-collecting law firm named Stone, Higgs, & Drexler first sent me a letter stating I owe $1,038.33 to Continental Finance and that the last payment date was February 17, 2009. 


stone higgs and drexler initial contact letter_Redacted.pdf


This was in the first letter dated October 22, 2014.  I challenged the debt via validation demands and they responded with the letter dated February 2, 2015 and stated that they made a “mistake” and that Continental Finance was not the original, but they meant Best Buy (HSBC).  As you’ll see in the second document dated February 2, 2015, they say the real original creditor was Best Buy (HSBC).  They also implicate the possibility of a “perpetrator” regarding this account by citing my personal information they had access to.  They used the term someone who “purported” to use my personal information.


Debt collector's REsponse to late challenge of debt_Redacted.pdf


Be advised that I deny this debt and I think I know who got this account in my name.  Whomever opened this account up, it is showing up on my credit report.  This suspected person has done things like it before, such as using forged checks in my name and knows all my personal information.  I think I know what debt Higgs, Stone, and Drexler are referring to, because on my credit report, the amount of the debt is similar to what they claim I may owe, but the last date of payment entry differs by one month on my credit report and the letter this law firm sent me.  My credit report says the last date of payment was January 15, 2009. 


The debt collectors say it was February 17, 2009 (where are they getting this from?).  And let’s assume the HSBC entry in my credit report is the same as what Higgs, Stone, & Drexler are trying to collect.  My first question stems from this:  The statute of limitations in Tennessee is 6 years for credit card debt.


According to the debt collectors record to whomever made the last date of payment, the SOL expires tomorrow, February 17, 2015 if the last payment made was what they say, February 17, 2009.  If my credit report is right, then the SOL already expired on January 15, 2009.  Which document do I go by for accurate SOL implications for the last date of payment?  I want to send them a letter that states the statute of limitations has expired.  I have NOT done anything to reset the statute of limitations. 


I have never heard of this debt until recently.  I only corresponded with a debt validation letter.  They said they’d still mark it as disputed.  I have never called them, they have never called me, and we’ve never written until now.  I have only written one letter, and like I said, it was only demanding validation.


My second question is, what does it mean at the top of the February 2, 2015 letter when it states




This almost looks like a legal entry.  Does this mean they’re going to sue me?


Their response to my debt validation letter is odd.  Should I reply back to them with something?  I don't know what, but I feel as if I should reply with something, what about you?  Perhaps if someone can clarify the statute of limitations dilemma I present in the posting, maybe I could send them a letter notifying them they're past the statute of limitations and it is against the law to sue once it has expired.


Thanks in advance.  I look forward to your replies.

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First, you need to understand the statute of limitations and how it is calculated.  It is not calculated by when you last made a payment.  The SOL begins to run at the moment you first become past due.



This depends upon state law.  There are states that have statutes that state if one makes a payment, the SOL is tolled (restarts).

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  • 3 weeks later...

If you know who did this and have done this to you in the past, you need to file a police report and tell the police who the perp is. Odds are, they will not do anything anyways but they might and personally, if this person keeps doing this, they are no friend and if they are family, maybe some jail/prison time will actually help them.

Once you get this report, send it to the attorneys office. They could still file but that would be an added defense.

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