Quote:
Originally Posted by Amy martin
Ok, I just got a call from jay Taylor PC, a division of Midland funding. They told me they were trying to contact me regarding an old bank of america account. I do believe this account is past the statue of limitations, so I havent been to concerned about it. When I said I had received no communication at all, what address did he send the letter to, he told me an address we had over 10 years ago.. I didnt even have that credit card at that address. I did not update my address with them, and he told me I would be served. What should I do?
|
Hi Amy--
First thing, what state do you live in? SOL is different from state to state. Next, when did you make the last payment you made to them? This is very important, as this will determine when the SOL began and also when it expires.
OK, check that, I am guessing you live in Texas. If so, you are in luck, as Texas has the toughest debt collection laws in the country. You need to IMMEDIATELY send this law firm a certified letter requesting validation of the debt. They have 30 days from date they get this letter to send you validation, if they do not then Texas law states they cannot collect on the debt!
Send that letter to this address, if in fact you are in Texas--
In either case, the SOL in Texas on this debt is 4 years. If this has been delinquent for longer than 4 years, you can tell them to go pound sand, basically. Once they know that you are aware of the SOL being expired and what that means for them trying to sue you, they usually wont try it because they know you will simply use SOL as your defense and they will lose.