Should I even ask to validate a 14 yrs old credit card debt?
DO NOT acknowledge the debt. If you do, the SoL clock will reset
DO NOT acknowledge the debt. If you do, the SoL clock will reset itself and then you will be legally liable to pay the debt. No DV or any such thing required. If the collector calls again, tell him that you know what the SoL is and how it applies in this situation and ask the caller not to call you again. If they choose to persist, send them a Cease & Desist letter. If they fail to comply, sue them.
If they are still trying to contact with you after receiving the
If they are still trying to contact with you after receiving the Cease and Desist letter, then file a complaint against them to the SAG or FTC.
Here's what I will do.
Thank you both for your response!
Then I am not going to do nothing about the letter and pretend like I never even got it. And when he calls next time just simply say " listen buddy, I know the Sol on this account and please stop calling my phone". If he continues, then send the C&D letter. Is this all?
Thank You Both!
StevenDoyle is giving out wrong information...acknowledging the
StevenDoyle is giving out wrong information...acknowledging the debt does NOT reset the SOL. It is unfortuanate that people give out bad and just plain wrong information on this forum .
What you do it send them what we like to call an FOAD letter.. this stands for f**k off and die!! It is basically a cease and desist letter telling them that the debt is time barred and to never contact you again.
Dear Junk Debt Buyer Collection Agency
RE:account number_______
The above referenced debt you purchased is out of statute of limitations for my state by over a decade. Any civil action will be TIME BARRED. I demand that you never contact me, my family or friends by ANY method ever again.
Govern yourself accordingly and archive/shed/destroy this account.
Soaplady, a question-- Wouldnt it be advisable to send a DV any
Soaplady, a question--
Wouldnt it be advisable to send a DV anyways? Couldnt they still try the 1099 and make you pay taxes on that amount with just a FOAD letter? I always figured that a DV request would be a better fit for that reason....
i thought
there was a provision in the 1099 section stating that a 1099c couldn't be issued for a time-barred debt,but burden of proof was on the person issued the 1099c.
I'm confused now. I was not going to send anything and ignore th
I'm confused now. I was not going to send anything and ignore them all together and not send a DV letter nor a "FOAD" letter since the debt is time barred and therefore there is nothing they can do to change that.
Would either letter re-establish the debt as valid since I'm talking to them?
By the way, I already filed my taxes and received my refund back in February.
Thank You!