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call from CA...account is past SOL..what can i do?

Date: Fri, 05/01/2009 - 14:39

Submitted by anonymous
on Fri, 05/01/2009 - 14:39

Posts: 202330 Credits: [Donate]

Total Replies: 3


Hello everyone. It's me again. I'm the one with the mother who recently passed and supporting 3 kids on one income. The CA sent me a letter regarding an account that is past the SOL and the balance is almost $3000. I have no way of paying this. Can they sue me? Should I send a DV? Please help.


How long has it been since they sent you a letter--under 30 days? I would send them a debt validation letter,certified, return receipt.

You can find samples here on the site and also under the green highlighted area "Watch Out For" You will be stating that they need to prove that they debt isn't out of the SOL.

Keep copies and notes of everything.If they don't validate, you can send them a follow up letter.

Be aware that although it is past the SOL, the debt is still due-they just cannot legally collect on it..Good Luck--keep us posted..karen :D


lrhall41

Submitted by Bossy4455 on Tue, 05/05/2009 - 08:38

( Posts: 5854 | Credits: )


If it's past SOL you should send them a Cease & Desist letter.

Even if they did sue you, a judgment would be denied due to the SOL.

And not only that, in court one usually asks for a Motion for Discovery, which is more intensive than a DV and which a junk debt buyer is very rarely in the position to provide.


lrhall41

Submitted by Chrys Henderson on Tue, 05/05/2009 - 23:38

( Posts: 2538 | Credits: )