DV when debt out of SOL
Yes, you can send the debt validation letter even if the Statute of Limitations has expired.
There is no point sending a DV letter if the debt is out of SOL. You send a cease and desist and FOAD letter pointing out that the debt is time barred and not to contact you again.
I disagree with soaplady...
Heres the thing--if you send a C&D letter citing SOL being expired, then the debt collector will likely issue a 1099 if the amount is over $600. This means that when you file taxes next year, you will have to claim this amount as if it were income and pay taxes on it. SOL should always be your LAST defense against a debt collector.
I would send them a certified mail letter disputing the debt and requesting that they validate it. The law states that if you do this within 30 days of them first contacting you, they MUST stop collecting the debt, get validation and send it to you. If it is an old debt, chances are they wont be able to validate it anyways. The law then says that they must go away--they cannot start trying to collect it again without getting you that validation at that point. If they do, you have grounds to sue them. It is better to use the law fully to protect yourself against debt collectors that cannot prove their claims. If they can validate the debt, you still legally owe the money no matter how old it is, with only a couple of states being exceptions. In nearly every state, when SOL expires, it only means that they can no longer sue you over the debt, but they can still collect it and you do still owe it. But if they cannot prove that I owe a debt, cannot prove that I owe the amount they claim, and cannot prove that they have the legal right to collect it, then they dont deserve one penny of my money.
I agree with skydivr. I did it in my case and it really helped me. Sending a C & D letter can make you pay some extra dollars when you file taxes. DO as Skydiver has advised.
where can a get a good DV request form?
What happens if they can validate yet SOL is expired? Or if they do not validate but sell it to another CA?
If they can validate and SOL expired, they can continue to attempt to collect it, or forgive it with a 1099C to the IRS. If they do not validate, they can send the account to another debt collector or sell it. Then the new collection agency can attempt to collect. Send another DV request and it can start all over. I've seen lawsuits filed after the SOL, but then you have great counterclaims. Remember, Texas collection laws are consumer friendly.
Click on the following link to get samples of good debt validation letter: http://www.debtconsolidationcare.com/letters/sample6.html
You can get a sample debt validation letter here - https://community.debtcc.com/letters/debt-validation.html.
Even if they sell the debt to another collection agency, then also you can refuse to pay a penny. The collection agency can't sue you. If they validate, they can try to collect the debt.
Let me tell you few other things as well:
The SOL clock will restart if:
You accept that you owe the debt
You enter a repayment plan
You accept a settlement offer
You make a payment