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 Posted: Fri Dec 14, 2007 2:24 am Subject: Charge off |
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I have a card that was opened in Florida and has been charged off since 1999. I just received a call today from a collection agency trying to collect on the debt. Do I legally need to pay this debt?
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Raspberry140
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| Posted: Fri Dec 14, 2007 3:51 am Subject: Paying old debts |
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The statutes of limitation for credit cards in FL is 4 years. If you have had no activity on that account for the last 8 years they can try to collect, but they cannot sue you. I would first request a debt validation and if they don't respond they will probably go away. However, if they do respond, I'd send them a "cease and desist" so they will leave you alone. They could try to sue you but the statutes of limitations have run out and they can't legally win as long as you answer all summons.
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lostindebtat50
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| Posted: Fri Dec 14, 2007 9:39 am Subject: charge off |
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Thanks for you help- what is a cease and desist?
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Raspberry140
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| Posted: Fri Dec 14, 2007 9:51 am Subject: |
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It is a letter thelling them to contact you only via e mail or usps. It is suppose to stop them from calling you if you dont want them to.
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kashzan
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| Posted: Fri Dec 14, 2007 10:12 am Subject: |
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This letter covers both...debt validation and cease and desist.
| Quote: | YOUR NAME AND ADDRESS
ADDRESS TO THE CA
DATE
Re: ACCT# <ENTER>
To whom it may concern:
This letter is being sent to you in response to a notice sent to me dated <DATE> Please be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.
This is not a request for "verification" or proof of my mailing address, but a request for Validation of Debt made pursuant to the above Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.
Please provide me with the following:
1. What the money you say I owe is for
2. Explain and show me how you calculated what you say I owe
3. Provide me with copies of any papers that show I agreed to pay what you say I owe
4. Provide a verification or copy of any judgment if applicable
5. Identify the original creditor
6. Prove the Statute of Limitations has not expired on this account
7. Show me that you are licensed to collect in my state
8. Provide me with your license numbers and Registered Agent
At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major credit Bureaus (Equifax, Experion or TransUnion) this action might constitute fraud under both federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent, I will not hesitate in bringing legal action against you for the following:
1. Violation of the Fair Credit Reporting Act-reporting inaccurate information
2. Violation of the Fair Debt Collection Practices Act-continuing collection activity on a debt which has not been validated
Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes listing of any information to credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.
REQUEST FOR CEASE AND DESIST OF CONTACT BY YOUR OFFICE: I would also like to request, in writing, no further contact, either in writing or telephone be made by your office to my home or to my place of employment, unless it is to provide validation or release of liability of the debt.
Thank you,
<YOUR> |
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volleyballmom
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| Posted: Fri Dec 14, 2007 10:17 am Subject: |
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Excellent post Volley
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kashzan
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