SOL expired, now what?
Date: Fri, 08/12/2011 - 18:17
I got collection notices on debt that is past the SOL I've seen example letters for expired SOL, do I just send one of those out to the collection agency? And do I have to send proof? This was a cell phone account, I'm waiting on a few statements in the mail that'll help me prove the expired SOL, but it seems to me sending the statements would show I'm acknowledging the debt, which I've also heard never to do (By the way, I've already disputed the debt in my debt validation letter). So, is the proof necessary? If so, do I just send the statement that shows my last payment, or should I also include the statements after which show that no other payments were made up to the point of the final balance in which they are asking for? I was thinking just send the letter and then if they dispute it or try to sue, then bring up the evidence...? Advice please! :) Thank you!
Oh, also, they are reported on my credit report under collection items.. can this be disputed through the CRAs? Ok, Thanks again! :)
Oh, also, they are reported on my credit report under collection items.. can this be disputed through the CRAs? Ok, Thanks again! :)
The SOL for your state and the reporting SOL are probably differ
The SOL for your state and the reporting SOL are probably different. Legally they can still report for 7 years even if your state has a 4 year SOL for being sued in court. You still owe the debt even though it may be outside the SOL...they just cannot sue you for it. Well, they can try but you have a defense.
If you're certain the SOL has passed, just send them a cease and
If you're certain the SOL has passed, just send them a cease and desist letter.