How to notify CA about Expiration of Statute of Limitation

Here is a generic letter I found on the "net" at this website
debt-n-credit-letters.com/Debt-Dispute/SoL-dispute-letter.html

Hope it helps

FREE Sample Expired Statute of Limitations Notification Letter
Today's Date

Your Name
Your Address

Collector's Name
Collector's Address

RE: [insert account number or name of account or name of debt]:

Dear [insert collector's name or company name],

This letter is in response to your [letter dated xx-xx-2005] (copy enclosed) or [phone call on xx-xx-2005], concerning the collection of the above referenced [account or date].

I do not believe I owe what you say I owe therefore I dispute this debt. I am well aware of my rights under the Fair Debt Collection Practices Act (fdcpa) and my state laws so I hope to save both of us a great deal of time by letting you know that not only do I dispute the validity of this debt, I have also checked with my State Attorney General and verified that the Statute of Limitations for enforcing this type of debt through the courts in (insert your state or the state in which the contract was signed) has expired. Therefore, should you decide to pursue this matter in court I intend to inform the court of my dispute of this debt and that the "statute of limitations" has expired.

This letter is your formal notification that I consider this matter closed and demand that you, or anyone affiliated with your company, stop contacting me regarding this or any other matter except to advise me that your debt collection efforts are being terminated or that you or the creditor are taking specific actions allowed by the FDCPA or my state laws.

Be advised that I consider any contact not in accordance with the Fair Debt Collection Practices Act a serious violation of the law and will immediately report any violations to my State Attorney General, to the Federal Trade Commission and, if necessary, take whatever legal action is necessary to protect myself. Be advised that I tape record all phone calls and violations of the FDCPA can result in you or your company being personally fined up to $1,000 per incident.



(Sign above name)
Printed Name

Make sure that you know that the SOL is expired in your state before sending this letter. Check the date when the account first turned delinquent and that the agreement with the original company was breached.

turned this over attorney, debt was from 1997. They want 800. I do not owe , but 300.

CAN I FIGHT THIS COLLECTIONS AS A REGULAR CREDIT CARD COLLECTION, I HEARD THIS TYPE OF COLLECTIONS ARE DIFFERENT.

I was told by a credit card company (when I requested of them during one of their calls) that they did not have to stop calling me, that credit card debts did not follow the same rules. They also said they could call anytime they wanted because the account was still considered open and was not with an outside collection agency. They threatened to garnish wages. They refused to discuss any options with me and refused to close the account when requested to do so because as they put it that way they can still charge me late fees and over the limit fees. Then they stated that once they decide to close the account they could charge me account maintenance fees indefinitely. I requested the account be closed so I could pay it down because they refused to reverse charges that were accrued because of Sprint debiting my checking account erroneously causing a payment I made to HSBC to bounce. Both my Bank and Sprint refused to give me a written statement backing up my claims even though Sprint put the money back in my account after 6 months of arguing with them and the Bank reversed their fees associated with that error as well. I also offered to send HSBC a copy of my bank statement proving Sprint had reversed the charge yet they refused it. I should also mention once it went to collections, the first collection agency who contacted me showed the balance at $1000 now the balance is over $1500 yet they claim only $51 is past due. How does that work? Any suggestions on how to go forward at this point?

I GOT A SUMMONS TO GO TO COURT IN 30 DAY FOR A OLD HOSPITAL BILL IN 10 DATS THE S.O.L ARE OVER IN OREGON

Am being requesting for the third time validation for a debt that I believe a don???t own. The collection agency only sent me a bill. The date of the bill/account was for day of service October 10, 2002 -November 10, 2002.
How can a demand a validation of this account or How I will know if this account past the Statute of Limitations. Please Help me!

I had a car repossessed in 1990 while residing in Arizona. I bought the car and entered into contract in the state of New Mexico. Now in 2009 I had a collection agency (Vision Financial Corp) contact me stating that I owed them 2100.00 dollars and they would show a 0 balance after I paid this amount. There was another agency last year (Calvary Portfolio) that tried to collect on the same debt. They have the debt listed as a credit card with Nations Bank. I have NEVER had a credit card with this bank. But after they do some investigation they find out that it was a balance left from a repossession. First I want them to leave me alone. Second do I have any legal recourse?

How do I find out what the statute of limitations are and do they apply to the state the creditor is in or where I am residing?

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Any ideas as to how I get debts that have reached the expration date of the Statute of Limitations off my credit record?

I have recived a letter of collection of credit card debt by the above law firm, Original Creditor Citibank, this debt was accumulated by forging my signature over 11 years a go, and in time i did retain the services of a lawyer and obtained a police report, information of the dispute was sent to the credit card company, but every 2 to 3 years i get collection letters. I am out of the country right now and can not send the original information to the Richard J.B law firm. as i did with the previouse collection agencies. Is this account over the statue of the limitation in the state of Florida.?? what can i do to stop this requests of payment from resurfacing.??

Yup...SOL for florida is 5 years. Send them an FOAD letter

My creditors started in 2003 and its 2010 Is there a way I can find out more info

PERSONAL INFORMATION REMOVED

When did you make your last payment on the account?

Do the statue of limitation continue to run even if default occurs in another state or foreign country?

dear nelly,
got served papers for court summons on acredit card debt that is not on my credit report, but this was about 10 years ago. i don't know how to get the date. i'm in Ga.
please help

I was recently contacted by a collection agency on a dental bill from 2006. I was never notified by the dental office of my insurance company not paying. Shouldn't they have notified me first before sending to insurance company? I went by the dental office & they could not provide me anything showing where they have contacted me. Is there a SOL in SC on this? How could I find out?

Someone I know received a loan in the form of a 'check' mailed to them. By signing the check, they 'received' the loan. HFC was the company. That was 10 years ago. Rough patch in life,,divorce, etc, but she still periodically paid. Off and on for 10 years. Recently, after paying for at least 3 years by auto payment, the Collection agency stopped the 'auto'. Said it was 'standard' when she called, , that they had to re-new the agreement or something. She doesn't really understand why they stopped..but she's had it. It's 10 years old. 5000.00..they say she still owes about 3100. She wouldnt agree to another auto. She just said I will pay you 200.00..and be done. Now they just call..What can she do, realistically?

I have been contacted by the county court .They are saying I still owe then a large amount of money .I haven't heard from them since 2-2005 But now they want full payment I paid them off in 2-2005 but they say I didn't five later I get the letter what can I do? does the 4 year debt law count in county courts .Thank you .

Does SOL also include Institutional student loans? I have a student loan from Johnson & Wales University, last activity 9/97 and last reported 10/04. I live in virginia. SOL on written contracts = 5 yrs, open accts. = 3 yrs, (it's not a judgment, but) VA judgments10 yrs & renewable (extended) to 20 yrs.

what is the statute of limitations on a debt

asset acceptance garnishment my checking account. this went on for over 4 weeks. i agreeded to pay downpayment. and 30.00 each month after that. they took every dime i had
even after i agreeded. till they finally lifted the garnishment.
is this legal?

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Statutue of Limitations..once the SOL is over debts are not enforceable in court....although sometimes you do need to fight it.

according to the practices of this company, you should always do it yourself. these people will charge you thousands of dollars for something you can do yourself. don't believe the bs. asl known as liberty financial services in orlando florida, owner manny garcia.
here is where he lives GARCIA, MANUEL
13753 SUMMERPORT VILLAGE PKWY
WINDERMERE FL 34786 US

Hello Rinovincent,
I just received a garnishment notice via email; apparently I went to court in Sep 2010. I never received a noticfication (ergo no signature by me). This law firm from Atlanta produced some court orders which were sent to me TODAY by my payroll office. SO, ok, I live in Japan, but I was never notified about anything. The same thing happened last year for about 6 months.
This debt is a Citi bank Credit Card which should have been paid by my ex-husband (in divorce decree). Now the debt is 30K, and I am being held responsible. the SOL in Ga is 4 years, and my divorce was in 2005.
Since I live abraod no lawyer in USA will take my case (I tried). SO, any advice you can give me, on how to handle this?

You divorce decree is meaningless to the creditor....you would need to haul your ex back into court to resolve the debt.

You need to contact the court and have the judgment set aside for lack of service. How long have you lived in Japan? SOL is tolled if you are out of the country meaning that the GA SOL may not apply since you are not a resident of that state.

"Lack of service?" What does that mean? Never heard of that.

Improper service or lack thereof. Sorry, on pain killers...had surgery on my arm.

I just checked my credit report and find out that AFNI BLOOM a collection Agency is trying to get a debt is already paid off ,and it happened like 6yrs ago but in my credit repor apears from 3months ago, its been so long I dont have any receipts, acct number(It was cancelled then) or actually way to proof it , Can anybody help me and show me how i can faight back this Vultures

If you've paid off the dues to the original creditor, then they cannot sell off the account now to AFNI BLOOM. I guess the collection agency is trying to scam you. The next time AFNI calls you, make sure that you ask them to validate the debt. You can even send them a debt validation letter. If they are unable to validate the debt, ask them to stop contacting you any further.

What is the SOL in Georgia

for an open account (credit card) it is 4 years. On a written contract it is 6 years.

Can I have the CA remove two Federal Tax Liens on my credit report, one 15 yrs old , the other 19 yrs? If so, how?

Er..CA's don't list tax liens..those are listed by the courts they were issued out of, or the state that issued them. Fed liens are tricky...I think they can remain indefinitely, or they can get renewed like judgments..

You can dispute them with the CRAs and when/if they get verified you can then request verification procedure..by law they have to get the info directly from the source...but it seems they like to use a third party and that is a violation....so you can nail the credit reporting agencies perhaps.....at the least they should tell you exactly where they came from.

How can I find out SOL in the state of Texas?

SOL is 4 years for Texas.