Settlement after SOL has passed
Date: Mon, 03/17/2008 - 16:48
1. Contact each of the collection agency, validate the debt.
2. Once the debt is validated, write to them another letter, stating that the debt has passed SOL, however I'd like to settle for 20%-30% if they agreed to delete it from my credit history?
3. Pay the debt and get confirmation and report to the credit bureaus?
Also, I was so eager to pay my debt, when I got a call from some collection agency a few months ago, I went ahead and accept the settlemnt offer and paid Sunrise Credit Services over the phone $171 for a debt from Washington Mutual.
2 weeks ago, when checking my credit report, I saw the Washington Mutal debt was actually owned by RJM ACQUISITIONS LLC stating the current balance is: $72 ($243-$171). So what can I do now to clear this up?
Sorry for the long post.
Did you get a paid in full letter from Sunrise? If so you need t
Did you get a paid in full letter from Sunrise? If so you need to contact RJM and let them know that you paid sunrise and to take it up with them and then dispute it on your CR. You have to watch out for Sunrise. They are pretty shady. I sent them a DV letter last year and they have yet to get back to me. They tried to get my hubby to admit to this debt when I yelled at him to stop talking and give me the phone lol. Then Sunrise hung up on me. SO be careful with them.
You plan looks ok, but, you can try for a pay for delete from your CR but most of the companies will not do that. But hey, it's worth a shot anyway, the most they can say is no. And if you call and get into a settlement you need to have them send you something by mail on their letterhead stating that this is the amount that is agreed to be paid and the account will be considered settled in full. If you do not get this in writing they will say no that wasn't the agreement and still try and get the rest from you and then you will have restarted the SOL dates by making a payment to them. But please check out the CA's on here or on the BBB to see what you are getting into before you send out any letters. Because some of them like to take you to court when you send out letters. And when you do send out your letters make sure you send them Cert. mail with return receipt requested. This way you have proof that they got it, plus keep a copy of the letter for your records also.
Thanks puddlejmpr. I did not get a paid in full letter from Sunr
Thanks puddlejmpr. I did not get a paid in full letter from Sunrise. I didn't know these collection agency can be that shady. I'll be more careful when dealing with the rest of my cc debts.
Also, if the SOL expires, they can not take me to court even if I send them settlement letter right?
debt
'Cidister'....if they DO take you to court, of course you need to show up. If you have PROOF the SOL expired, then you wouldn't have to pay anything more on it. THIS proof you need to show to the Judge, of course. however, I'm NOT saying hey will take you to court. Good luck.
Sdchargers 63, just want to clarify if I'm correct on this: If
Sdchargers 63, just want to clarify if I'm correct on this:
If the SOL expires, they can take me to court if they want to and I have to show up. However, if I can proof that SOL expires, I don't have to worry about repaying right?
Also, if SOL expires, and I still want to settle (for credit report deletion purpose), I'm going to send them settlement offer. Will this cause my SOL to restart or it doesn't affect on the SOL at all?
If I blindly made a payment before negotiating with them, it's my loss right? :) It will be up to them to send me a payment in full or continue to recover the rest of the debt right? (It'll be :( if that's the case)
So am I thinking correctly? :) Thanks!
How come sometimes I'm posted as my username, sometimes I'm Gues
How come sometimes I'm posted as my username, sometimes I'm Guest??? :(
[quote=Guest]Sdchargers 63, just want to clarify if I'm correct
[quote=Guest]Sdchargers 63, just want to clarify if I'm correct on this:
If the SOL expires, they can take me to court if they want to and I have to show up. However, if I can proof that SOL expires, I don't have to worry about repaying right?[/quote]
Right. You offer the fact that the debt is 'time-barred' or beyond the SoL as an affirmative defense. You may very well have to prove it, but maybe not. Has the CA in question validated the debt? If not, that's your first step. There's a good DV letter template here. Or you could just ask for validation in discovery.
[quote=Guest]Also, if SOL expires, and I still want to settle (for credit report deletion purpose), I'm going to send them settlement offer. Will this cause my SOL to restart or it doesn't affect on the SOL at all?
If I blindly made a payment before negotiating with them, it's my loss right? It will be up to them to send me a payment in full or continue to recover the rest of the debt right? (It'll be if that's the case)
So am I thinking correctly? Thanks![/quote]
Making a payment does indeed restart the SoL clock. Best that you do something about that one. On the others... If you're certain they're past SoL but not past FCRA [credit reporting] age, you could try settlement, or possibly a pay-for-delete offer.
Hope this helps.
unclewulf, thanks! I'm gathering all my debts information and pr
unclewulf, thanks! I'm gathering all my debts information and preparing my re-payment strategy. Should I start with the highest balance first? Or the one with the earliest credit history remove date?
I have 5 debts that I want to start paying.
1. $5476 - will remove 9/10
2. $3430 - will remove 5/10
3. $746 - will remove 12/09
4. $434 - will remove 11/09
5. $243 - will remove 6/09 (This one has a balance = $72 - The one I blindly paid $171 for)
Thanks so much for all your help!
Just wanted to add to my post above, I'm also paying 3 of my stu
Just wanted to add to my post above, I'm also paying 3 of my student loans at the moment. Should I wait 'til I paid off the student loans?
Again, thanks so much for helping me getting through this!
I haven't gotten any comments/replies/advice since my last post.
I haven't gotten any comments/replies/advice since my last post... Does anyone have any comment on which debt I should start concentrating on first? Help is greatly appreciated!
