10yr old account

You can request a validation of debt, but you need to do it in writing not via phone. Or, you could just send them a letter citing past SOL. If you're concerned that it might be identity theft, since you're certain you never had this account, DV might be the way to go. If it's a junk debt buyer (and it most likely is) they may try to enter this on your CR, but you can simply dispute it if that happens.

I wouldnt even bother with the DV....just sent them a FOAD letter telling them that it is time barred and to never contact you or anyone else again in regards to this debt.

Thanks for the responses so far. I think the response regarding the SOL would eventually be the best way to go.
I just pulled my CR in the morning, after a rather sleepless night, everything else is in order - not a single negative entry. I was working hard on that over the past years, I wouldn't want something like this have an effect on my CR.
Is there a preformatted letter that anyone can refer me to? (FOAD?)

Thanks again for the quick responses, they're much appreciated!

Mike

Theres no preformatted letter, its a simple F*** Off and Die letter. Tell them its past SOL and DO NOT contact you or anyone else again concerning this matter. Send it CMRRR, for your proof of sending it.

If you go to the DIY section on this forum, then the letters section - there is a template "past SOL" letter you can use.

I would not recommend using the FOAD letter just yet.

Here's the thing--depending on the size of the debt, this could come back to bite you in the butt if you do that. While they are not legally allowed to sue you, many debt collectors still do file lawsuits on past-SOL debts. It is not legal, but SOL is a defense that you must physically state in order for it to be useful. Often times, a debt collector will file lawsuits and send the summons to an address that they KNOW is no longer your correct address. That way, they can still tell the court, "hey, we properly served the defendant the summons", even though you dont know anything about it. And thats how many CA's get default judgments on people. It is easier to prevent a judgment on a time-barred debt than it is to get the judgment vacated in several states.

OK, now, there is this thing called a 1099. The IRS requires that a debt collector files one of these against you if they write off a debt that is, if I recall right, greater than $600. This means that the amount they write off gets counted as income for you and you have to pay taxes on it. This is one reason why the SOL should be your LAST line of defense. I would send them a certified letter disputing the debt and requesting proper legal validation in accordance with the FDCPA. Be sure to send it certified mail so that you will have proof that you sent it, and also proof that they received it too. Chances are, they wont be able to validate the debt anyways....and then, as long as you sent that validation request within 30 days of the first time they contacted you about this debt, they cannot ever take ANY collection effort against you, or else you can sue them for the damages. When I say ANY collection effort, that includes anything with your credit reports. No phone calls, no letters demanding payment, no letters offering a settlement, no calls to your work/friends/family/neighbors....NOTHING.

Outstanding! I never got contacted by them again, after asking for DV - even though, I asked verbally, over the phone.
Should they contact me again, I'll start the certified mail process.

Thanks for the time each one of you put in to respond, it's much appreciated!