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bill received

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PostPosted: Fri Jul 13, 2007 11:21 am Subject: bill received

My husband received a bill from a power company that bought out another power company and they said he owed a bill from 1992 (15 years ago). He does not believe that he owes this, He has not ever received a bill for this. I called them and told them that he does not owe this. They said that I could pay it or refuse it and of course I refused it. And they said that I would continue to get letters and phone calls from them. Also he never moved from the area. Is there any way to prove that it is not owed?
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Leslie65
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PostPosted: Fri Jul 13, 2007 3:57 pm Subject:

Do you know the name of the company that is calling you? If it's a CA, you can legally stop them from contacting you further. Send a DV letter and mention the cease and desist communication until they prove in writing that the debt is legit.
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PostPosted: Sat Jul 14, 2007 6:30 am Subject:

Your husband should check his credit report and see if this debt is listed. I wouldn't pay a dime until that debt is validated.
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PostPosted: Sat Jul 14, 2007 11:32 am Subject:

And also find out what the statute of limitations is for a debt in your state. In most states, it's 7 years. Since this debt is 15 years old, I am positive that the SOL has run out on it. And if it's run out, there is no way a creditor can take legal action on it, unless a payment is made, when the clock starts again.
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PostPosted: Sat Jul 14, 2007 12:02 pm Subject:

I would not waste my time worrying about this debt.Send them a validation letter certified return receipt.Since you know for a fact it is not your debt,if they attempt to validate you can always take the Id theft route.
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http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809
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http://www.debtconsolidationcare.com/forums/about216.html
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PostPosted: Sun Jul 15, 2007 7:33 am Subject:

Hi Leslie--

A validation letter would work here. it is a request tat they provide you with information to prove that the debt is valid. If they cannot provide it, then they dont have a leg to stand on.

Honestly, though, I dont know if I would go through all that. I would consider just sending them a cease and desist letter. This is a letter which informs them that you hereby request that they immediately cease all contact with you regarding this matter. here is the thing--statute of limitations is going to be the issue now. Here is a link--this will provide you with the statute of limitations information for your state.

http://www.fair-debt-collection.com/SOL-by-State.html#31

Click on your state and it will tell you how long the debt can be pursued. The "cease all communication" part is allowed by law--they must honor this request. That way, they can still think you owe this debt all they wamt....but they cannot do anything about it. They cannot sue you after the SOL is expired and they cannot continue to contact you once they get the cease and desist letter. Two things though---be sure to state that they are to stop all contact by telephone or by mail concerning this matter. And also, make sure that anything you send them is sent certified mail, return receipt requested. This should take care of it.

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