SOL Georgia

SOL is the time they have to sue you. Even if it was past seven years which means it could not be on your reports then can still attempt to collect it. The debt does not go away because of a time limit. How much is the debt?

Are they threatening legal action? If they are that's a violation as they cannot threaten legal action when they have no plans to follow through with it and being that the debt is outside the SOL they cannot follow through.

I read in your other post you were thinking about settling the debt, I would attempt validation first. If they do validate I'd then offer a settlement but instead of just offering a settlement offer a Pay for Delete, you pay they delete it from your reports. Only negotiate in writing using certified mail return receipt requested (CMRRR)

Be careful on what you settle for, if you decide to make monthly payments make damn sure you will be able to keep them, once you make a payment you reset the date of last activity (DOLA) if you made a payment today and then reneged on the settlement they will report it for another seven years.

the orginal debt was 2500 but with interest it is now 6000 I found this out by the letter that the attorney sent. When you say validation how do I go about doing that? If I ask for validation would that cause time to start again and would that be acknowledging the debt? I read that sometimes it is better to let sleeping dogs lie is that true? Seeing that this would disappear off the credit next year should I leave things along? Are you saying that they can continue to ask for the money even after the SOL has passed and it is deleted from your report?

Thanks for your help

Validation is asking them to validate the debt, prove it's yours, balances, prove they have the legal right to collect it. It does not cause the time to start again and you are not acknowledging the debt by asking for validation.

If it's do to come off next year you may very well want to leave it alone, that's what I would do. I only brought up validation because you said you were thinking about settling the debt. If the phone calls are bothering you send a Cease & Desist letter to the attorney, he then is not allowed to contact you further. You can send a C&D to where he can have no further contact or you can send a Limited C&D where he is only allowed to contact you through the USPS.

Be 100% positive you are past the SOL before sending a C&D, with no legal way for them to contact you they will sue if within the SOL, they may try to sue even outside of the SOL, make sure you go to court if they do. I ended up with a judgment from an outside the SOL debt, I didn't know any better. I was served, didn't go to court and a default judgment was awarded to the collection agency because I didn't show.