Choice of Law
Date: Sun, 05/13/2012 - 08:11
Submitted by Debt Free to Be
on
Sun, 05/13/2012 - 08:11
Total Replies: 3
I have now received a call from a collection agency in Las Vegas that is trying to collect. I sent a validation letter and then sent me back the contract and some computer print outs but no verification that they own the debt or have been assigned the debt as requested. So I'm still unsure if they have purchased the bad debt or have been assigned to collect by the original creditor.
The contract states that the Laws of California govern this agreement and the venue shall be proper in the County of Orange, and I consent to service of process by mail.
Now this may be advantageous to me since the statute of limitation in California for written contracts is 4 years where in my home state it is 6 years.
Am I correct in believing they are past statute and I don't really have to worry about this?
They are digging for gold...send them a cease and desist letter
They are digging for gold...send them a cease and desist letter and tell them to bug off.
Thanks so much for your response. That's what I thought but was
Thanks so much for your response. That's what I thought but wasn't sure if they could effectively argue jurisdiction in my state even though the contract says California.
I did put a cease and desist paragraph in my debt validation letter so I will just watch my credit report and see if they post it. They don't have my date of birth nor my social security number. I left those blank on the contract. I know they still could probably do it with the address but I'm hoping they just don't bother. I will definitely dispute anything they put on there since they haven't proven they have the ability to collect on this thing.
Thanks again.
Honestly, I would send them a separate certified letter saying s
Honestly, I would send them a separate certified letter saying something like this:
Quote:
To Whom it May Concern: This letter shall serve as notice to you that you are to cease all communication with me concerning the above-identified matter. The alleged debt in question is no longer within the applicable statute of limitations. Should you decide to continue to attempt collection efforts, I will take every available measure necessary, including litigation if needed, to protect my rights. I consider this matter to be concluded. Respectfully, ________ |
Of course, at the top of the letter, list the info they provided that identifies the debt, and also put a date on it. Send it certified mail return receipt requested and keep a copy for your records. I recommend sending another one, because technically they ignored your last one. You see, when you put a cease comm statement in a DV request, it is actually shooting yourself in the foot--you are asking them to respond to you with proof of the debt, and asking them not to contact you at the same time. Send them this one and leave no room for doubt.