Going it alone...any advice
Date: Tue, 07/01/2008 - 10:31
To whom it may concern:
I am _ and I am writing you today because Federal law requires your debt collection agency to comply with the Fair Debt Collection Practices Act. This is official written notice that I do not acknowledge owing this debt and 30 days from today’s date per law, I am requiring this agency provide myself and the three credit bureaus with accurate documentation such as the customer agreement I originally signed, along with an account history that created and supports this debt. Surely, you are aware that just saying I owe this debt is not sufficient per credit reporting law and continuing to report inaccurate information is a direct violation.
If such proof can not be furnished, I am demanding the item be deleted/ removed from my credit report with all three bureaus immediately. I will be following up on this request within the allotted time frame.
It is unlawful to collect on this debt beyond the statue of limitations set forth by Maryland law as well as fraudulently re-reporting this debt as ‘new’ on my credit reports.
I do not owe this debt and will not be bullied into paying or settling debts that are invalid. The call placed on July 1, 2008 was to request an official account number for reporting purposes; in no way did I reaffirm this debt or acknowledge ownership.
______________
That letter sounds perfect to me, you might want to mention in t
That letter sounds perfect to me, you might want to mention in their not to call you and only contact you via email or usps. I would get that sucker in the mail asap and send it certified/return receipt requested so you have proof of delivery and a signature. Other's will be along to advise further but if it were me I would send that one out.:)
Is is illegal to collect on the debt after the SOL has passed or
Is is illegal to collect on the debt after the SOL has passed or is it just that you can not be sued any longer? I'm referring to the 3rd paragraph of the letter.
Expiration of SOL and reporting period do not extinguish the deb
Expiration of SOL and reporting period do not extinguish the debt except in 2 states that have a Statute of Repose. Those states are MS and WI. If you live in the other 48 they can attempt to collect until the debt is paid they just can't report or legally file suit. They can still file but you have an affirmative defense - SOL - but only if you show up and fight it.
thanks everyone, maybe I should re-word it. I didn't mean that t
thanks everyone, maybe I should re-word it. I didn't mean that they could not collect the debt, I ment they could not keep reporting it as new. Thanks!
That will be something you'll need to keep a watch on moving for
That will be something you'll need to keep a watch on moving forward. If the current JDB determines that this account is ultimately uncollectable they really only have a couple options available to them: Write it off and issue you a 1099C or sell it on down the road to the next "unsuspecting" JDB. If option 2 happens, it would not be unlike a few of the lowest of the low(what's beneath a bottom feeder?) to attempt to re-age an account to either report or in some rare, extremely unlikely but possible. instances - filing suit in hopes of a default judgement.