Can a collection co come after you 25 yrs later?
Date: Tue, 10/30/2007 - 10:25
Can a collection company come after you 25 years later for a debt that you tell them was discharged in bankruptcy? They want proof, but I dont have any because it is too old, and can't get any records, because the records archives don't go back that far??? Help!!!
what state do you live in? What is the sol for your state? What
what state do you live in? What is the sol for your state? What is the debt for?
Send them a debt validation letter under the fdcpa. I will post
Send them a debt validation letter under the fdcpa. I will post a sample below. The burden of proof is on them not you. Who is the agency?
Here is a template for you to use! Quote:name and address
Here is a template for you to use!
Quote:
name and address Their name and address Attn Mr Bottom Feeder Re Acct # XXXXX Dear Mr. Feeder. I received a call (or letter) stating that I owe your company $XXX on the above account Please be advised that this is the first communication that I have had with your company regarding this matter by phone, mail or otherwise. Please be advised that pursuant to the Fair Debt Collections Act, 15 USC 1692G Section 809 that this debt is disputed and validation of this claim is required. To validate this claim I require the following: >What the original debt is for >The amount of the original debt. >How you arrived at the amount you say I owe > Proof that the Statue of Limitations has not run out on this debt. >The interest charges applied to the original debt. >All payments received regarding this debt with the original creditor including the date and amount of each payment., This requirement was established by the case Fields vs. Wilber Law firm, Donald L. Wilber and Kenneth Wilber USCA-02-C-0072, 7th Circuit Court, Sept. 2004 >Any penalties associated with the original debt and the reason or reasons for those charges. >Proof that any interest charged does not exceed that allowed by law in the State of xxx >Provide me with any papers that say I agreed to pay what you say I owe. >Proof that the collection agency owns the debt or has been assigned the debt. >Proof that you are licensed to collect in the State of xxx >Proof that your company is legally permitted by the original lender to collect that debt. Furthermore at this time I am advising you that I am not to be contacted by your firm or any of its affiliates, subsidiaries or clients by any other means other than the United States Postal Service. Also you are not permitted to contact my employer, friends, acquaintances or family regarding this matter. Also any agreement of ACH withdrawals from my account and any agreement of wage assignment are hereby revoked. If your office can and does provide all the information that I have requested I will require a minimum of thirty days from the receipt of that information to investigate its validity and to retain counsel if necessary. During this thirty day period all forms of collection must cease. Furthermore if your offices fail to respond to this validation request within thirty days from the date of your receipt all references to this account must be deleted from my credit file and a copy of such deletion request be forwarded to me immediately. If this debt appears on my credit report without being validated I will not hesitate to file a suit against your company for violation of the Fair Credit Reporting Act. |