Asset Acceptance Served Sister - info correct?
Date: Mon, 08/27/2007 - 15:02
I want to verify that I gave her the right information to proceed with this:
I told her she HAS to go to the court date on Oct 31st. I also told her to immediately send a debt validation letter to Asset Acceptance.
According to her, her last payment on this account was in early 2001 and that it was charged off in Feb 2002. FL's SOL is 5 years so that means she would most likely not owe on this, right?
When she does go to court, does she state that for the judge/mediator that the account is past SOL here???
Thank you for your help.
She will still owe the account but having the account past the S
She will still owe the account but having the account past the SOL period, Asset Acceptance cannot sue and get a judgment against her in the court.
Your sister needs to send a dispute letter to Asset Acceptance mentioning about the expiry of the SOL. Tell her to send it through certified mail and return receipt requested. She needs to keep one copy in her records so that she can show it and the receipt to the judge. The case will turn in her favor.
Has the collection agency validated the account to your sister? They are bound to follow the fdcpa. If they haven't sent you the details in writing, send a letter and show the copy to the judge. This will turn the case more in your favor.