Debt Statute of Limitations
Date: Sun, 05/07/2006 - 21:11
First, I would recommend sending a letter of validation to the c
First, I would recommend sending a letter of validation to the company. There is a great sample letter here on the site. Do not make a payment arrangement or agree to pay until you find out if the company has a contract with the original creditor to collect on the debt.
Here's a post with info on statute of limitations for each state:
http://forums.debtcc.com/forums/about9220.html
Here is a sample validation letter:
Quote:
September 10, 2005 Your Name 123 Your Street Address Your City, ST 01234 ABC Collections 123 NotOnYourLife Ave Chicago, IL Date Re: Acct # XXXX-XXXX-XXXX-XXXX To Whom It May Concern: I have received your letter where you claim that I owe a debt to you and/or your company. This letter is being sent to you in response to your attached collection letter. This is not a refusal to pay, but a notice that your claim is being disputed by me. I do not recognize your company and I do not believe I owe you or your company this debt. Under the Fair Debt Collections Practices Act (fdcpa), which I assume you are aware of, I have the right to request validation of the debt you say I owe you. I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation which is binding on me to pay this debt. Below are a few questions to answer which may help you to resolve these mistakes. In addition to the questionnaire below, please attach copies of: ?? Agreement with any of your clients that grants you the authority to collect on this alleged debt ?? Agreement that bears the signature of the alleged debtor wherein he agreed to pay the creditor. ?? Any insurance claims been made by any creditor regarding this account ?? Any judgments been obtained by any creditor regarding this account Best regards, Your Name -------------------------------------------- debt validation Form Questionnaire to be returned to me for Account # Name of Debtor: Address of Debtor: Balance of Account: Date you acquired this debt: This Debt was: assigned purchased Please indicated any credit bureaus to which you have reported negative marks: Experian ______ Equifax ______ TransUnion_____ |
Hi msredneck50 Don't pay anything to Zwicker until you have g
Hi msredneck50
Don't pay anything to Zwicker until you have got the account details in writing. The company must validate the debt providing you the following information mentioned in the page below:
http://www.debtconsolidationcare.com/validation.html
Use your legal rights to identify the collection agency if they are making legitimate collections. The burden of proof is to be given by them.
Since this debt has taken place a long time back, you should also know whether the account is within the legal collection period or not. If the debt is past the SOL period, you can legally refuse to pay the account. If you make any sort of payment activity, the collector will force you to pay the account in any way.
There have been records to prove that the collection agency fails to validate the debt when requested. They attempt illegal collections without any records. You will save your money from going to the wrong hands.
