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Midland credit and SOL


wcms6890
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3 hours ago, wcms6890 said:

I got a letter from Midland credit for a debt which I think is either 6 or 7 years old.  What should I do next? We live in Virginia

You can send a debt validation request.  Just a simple one that says "I dispute the alleged debt and request validation."

OR if you know for sure that the debt is outside the statute of limitations, nip it in the bud and send a cease and desist.  

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Thanks for the response BV80. I was thinking of doing validation or cease and desist since they have a paragraph/statement on the letter stating "the law limits how long you can be sued on a debt. Because of the age of your debt,we will not sue you for it. If you do not pay the debt,we may continue to report it to credit reporting agencies as unpaid".  I am worried that if I do a validation or cease and desist it might just restart the  SOL instead of being time barred.

There are some more after the statement above,I'll try to  insert a file here later.

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33 minutes ago, wcms6890 said:

Thanks for the response BV80. I was thinking of doing validation or cease and desist since they have a paragraph/statement on the letter stating "the law limits how long you can be sued on a debt. Because of the age of your debt,we will not sue you for it. If you do not pay the debt,we may continue to report it to credit reporting agencies as unpaid".  I am worried that if I do a validation or cease and desist it might just restart the  SOL instead of being time barred.

There are some more after the statement above,I'll try to  insert a file here later.

The only thing that might restart the SOL in a letter is if you offer to pay or admit the debt is yours.  Simply stating "I dispute the alleged account and request validation" admits nothing.

However, since it's outside the SOL, just send a C&D.  Demand they cease all communication with you regarding the alleged account.  I always include a copy of the collection letter along with a DV request or C&D. 

Whatever you do, be sure to send it CMRRR (certified mail, return receipt requested).

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1 hour ago, wcms6890 said:

I was thinking of doing validation or cease and desist since they have a paragraph/statement on the letter stating "the law limits how long you can be sued on a debt. Because of the age of your debt,we will not sue you for it.

Since this paragraph is included the ONLY letter they need is cease and desist.  If there is only a year left on the reporting it isn't really damaging your credit any longer and I would simply let it fall off on its own. 

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