Northland Group
Date: Tue, 07/06/2010 - 09:14
The last payment was 11/05 and the first sign of major deliquincey was 6/06.
What are my next steps? Should I ignore these guys?
The SOL starts from the date you miss the first payment. Keep i
The SOL starts from the date you miss the first payment. Keep in mind also that SOLs just prevent a party from taking you to court regarding a debt, it does not mean you no longer owe the money.
I do not suggest you ignore Northland if they have a legitimate claim against you for the money. I recommend you send a validation/verification letter to Northland to make sure they have the right to collect on the debt then if they do have the right, work out an agreement to pay the debt.
If you thought it was included with your bankruptcy I would chec
If you thought it was included with your bankruptcy I would check your paperwork and or your bankruptcy lawyer first off, plenty of people have DBs come after them claiming the account wasnt included and 9 out of 10 times they were included they just want to find someone stupid enough to pay it, I WOULD definetly check that before anything else first, just cause your credit report says one thing, it may have not been reported correctly, it happened to me, a year after bankruptcy half of my accounts did NOT show bankruptcy-they showed charged off. I HAD to force the update to correctly show they were included in bankruptcy. Also, if the last payment was 11/05 then the next missed payment would have been 12/05 then that would mean its past Texas SOL, 6 months passed it.
I like how they say that the DOFD was 6/06, even though the last
I like how they say that the DOFD was 6/06, even though the last payment you made was 7 months prior. If you had to make a payment each month on this account, then the date of original delinquency would be 12/05. In either case, even if you were to go by their date of June 2006, four years would make June 2010 the expiration of SOL. Therefore, this debt has passed the applicable statute of limitations.
I would wait to mention this, however. The first thing I would do is check to make sure that it was not included in your BK. If it was discharged in the BK, you need to send them a certified letter informing them of this and kindly telling them to take a hike off a cliff. If it was NOT in your BK, then send them a certified letter informing them that you request validation of the debt. Under TX law, they will have 30 days from the date they receive your DV request to get proper validation to you. If they do not do so within that 30 days, they cannot legally collect on the debt EVER AGAIN. That is Texas law. Be sure to send any letters by certified mail so you can prove that you sent them and also that they received them. I would wait to bring up the SOL until you are out of any other options, because mentioning SOL will likely cause them to file a 1099 with the IRS and you will be forced to pay taxes on that amount as if it were income.