Zombie Debt

Date: Sun, 06/05/2011 - 21:05

Submitted by rkittysmama
on Sun, 06/05/2011 - 21:05

Posts: Credits: [Donate]

Total Replies: 2

Received a letter yesterday from Stoneleigh Recovery LLC, they had purchased the debt from another financial collection agency! The letter was addressed by using my old married name. I have been remarried for twenty years. Do I answer this since it is definitely time barred? They said if I don't answer they will take it that this debt is valid? I checked my state and I know the SOL. I would think that they haven't sued me or included any paperwork is that they are just fishin' and a notice to cease will take care of it. I do understand that they can sell this to another agency for collection. I plan on keeping a copy of the letter. I will send it registered. I had to look up their address as there was only a PO Box to reply to. They also said if I dispute it, they will obtain verification of the debt and or judgement. There is nothing on my credit report, I just bought a car; so I know. All I can think of is that they went after my ex and he didn't pay so now they are coming after me! Should I obtain a lawyer?
They said the debt totaled over fifteen hundred dollars. If you can believe them? I've been remarried twenty years, do they not know that it is time barred? Or do they just not know if they sent the letter to the right person? Thanks for any help.

The debt is well past the SOL period. They can't sue you or secu

The debt is well past the SOL period. They can't sue you or secure a judgment order against you. They are trying their best to make accept that you owe the debt. Once you accept you owe the debt or enter into a payment agreement with them, the Sol will restart. So, it is better to not acknowledge the debt. There is no need to appoint a lawyer. They can't do anything to you.

lrhall41

Submitted by anonymous on Sun, 06/05/2011 - 22:24

( Posts: 202330 | Credits: )

Interesting. That letter you have in your hot little hands is p

Interesting. That letter you have in your hot little hands is proof of a violation of the FDCPA.

[QUOTE]
[SIZE=3]Fair Debt Collection Practices Act ?? 807.
False or Misleading Representations
[15 USC 1692e][/SIZE]

A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(5) The threat to take any action that cannot legally be taken or that is not intended to be taken.

[/QUOTE]

Since they cannot legally take the action they've stated (obtaining a judgment), that's a clear violation.

I'd sue THEM! :D

lrhall41

Submitted by OhioGal1 on Mon, 06/06/2011 - 07:38

( Posts: 5253 | Credits: )