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fearthereaper

SOL in Michigan - Clarification

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Hello Everyone, 

 

This board helped me out tremendously against Midland in the past. I have a couple quick questions (hopefully) about a couple different things.

 

1. I have an charged off item on my credit report that lists 7/2009 as the last payment to the OC (Chase). The debt was sold to midland a couple years back. I am in Michigan, so the SOL is 6 years. Does this mean if Midland were to sue, I would have a good chance to have any potential case dismissed as they are now time-barred and past SOL? (assuming I have not restarted the time?)

 

2. Should I still send out a DV at this point if its past that SOL or should I send them something else when they inevitably mail/call me? (I have not been contacted yet, well maybe via them leaving a voicemail but I'm not sure if it was them. I don't answer calls from random numbers)

 

Trying to get ahead of the game and set them up for future violations. 

 

If you need more info please let me know. 

 

Thank you all so much!

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This is close!

Usually a creditor doesn't charge off an account until 180 days has past from the day the last alleged payment was made so, you should be beyond the SOL in MI.

You should gather records together so as to prove the date of the last payment to this alleged account.

I wouldn't worry about DV until they contact you in an open manner!

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thanks for the help!! I kid you not, I got letter in the mail today offering 40% off lol :ROFLMAO2:

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Play along. Send them a DV LETTER. then after they do, send them one that states " I believe with the information provided thus debt would be outside the statues of limitations. I refuse to pay. Please cease and desist all communication with me". Then if they do sue you, you have viable counterclaims against them.

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@fearthereaper

 

Check your bank records to make sure that your last payment was 7/2009.  If it was, then just send a letter by certified mail stating "I refuse to pay".  That's the same as a cease and desist.  If they send another collection letter, call and ask for payment, or sue, they will be in violation of the FDCPA.

 

Note that they could make one more communication telling you that they are closing their files or taking some other action, but they cannot ask for payment.

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