CA Validation Letter

I have a question about phrasing in validation letter from the collection agency.

says: THE ACCOUNT LISTED ABOVE HAS BEEN PLACED WITH OUR AGENCY FOR COLLECTION.

YOUR ACCOUNT IS SERIOUSLY PAST DUE AND MUST BE PAID IN FULL OR WE WILL PROCEED WITH APPROPRIATE COLLECTION ACTIVITY.

What exactly could "appropriate collection activity" actually mean? Does that mean file a lawsuit? If they threaten and state that they "WILL PROCEED", doesn't that mean that they have to?

Also, the sol is expired and would like to locate a cease and desist template DV letter that cites FDCPA and FCRA references.

This means that you have got a collection letter from the CA and so you should immediately send a debt validation letter by certified mail within 30 days of receipt of the letter, else it will be considered that you owe the debt. You need not mention anything about the SOL expiry on the DV letter.
Now, since SOL has already expired, the creditor cannot sue you for the debt legally. However, in case they sue you, file a response to the summon and defend your case on the court date and the judgment will go in your favor. If you do not file a response to the summon, the creditor may bring a default judgment against you to recover the debt, even if it is past SOL.

Appropriate collection activity is just that - appropriate collection activity. A lawsuit is only one method of appropriate collection activity. They will tell you specifically if they plan to file a lawsuit, which is the reason for the FDCPA proviso that they cannot tell you that unless they plan on - and can - sue you because many like telling you that anyway because many people will pay if threatened with court.

It means phone calls and letters. Is it beyond federal reporting period as well as SOL? If so, they have absolutely no leverage. Fire off a FOAD and be done with them.

You do NOT need to send a validation letter.

The ONLY thing you need to do that will get rid of this typical collection letter is to write a SOL letter. That will stop it. Granted, some collection agencies (not creditors) will continue to attempt to collect. But 99.9% this letter works like a charm.

What is FOAD???

Fu$@ Off and Die

Wonderful ! I agree !

Should I deny the debt in my DV/cease desist letter and demand they produce a copy of the check? If they do send me a copy of the check (to late for state prosecution for check in Missouri law) THEN send past sol letter? Why not combine both DV/cease and past sol in same letter to them?

Send the SOL letter. You do not need to ask for validation.

Because you can't tell them not to contact you but to send you validation. The cease comm section of the FDCPA is an all or nothing statute. You're past SOL and have no legal obligation to pay them. Sned them a full cease comm CMRRR. After receipt, they can contact you one more time to inform you they are a)ceasing collection efforts or b)any specific action they intend on taking.

This is not a validation issue. It could be but it does not need to be.

I am not sure if we are confusing the OP. The SOL states that the debt is no longer enforceable (sp?) to collect on.

The letter will state that this matter is closed. The collector does not need to write back at all.