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I have received a collection letter for a debt that is past the SOL. They are offering a settlement and if the settlement is not accepted then they have threatened to file a judgment. Can they do this since as stated this debt is past the SOL??

what state are you in?what kind of debt,and who is the collector?if this is past SOL then fire off a C&D letter certified mail return receipt.even if they try to sue you use the fact that it is past SOL as your defense,but i'm guessing bottomfeeder because of the threat.nobody files a judgement.they file a lawsuit,but again the SOL is your defense and any suit would be dropped because of that.get the letter out.

Sub: #1 posted on Tue, 08/13/2013 - 09:59

paulmergel paulmergel
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First, are you certain that the debt is beyond the SOL? States each have their own laws on debt SOL, and usually there is a different SOL for each different type of debt. I only ask this question because you want to be 100% certain that SOL has expired before you write this off as such. It will come back to bite you if you are not.

OK, once you have found that the debt is beyond SOL, it is time to make a decision. Do you just want this to go away? Or do you want to stick it to the bottomfeeder that's lying to you and threatening illegal action to try to scare you into paying? If you want this to simply be done, you can send them a letter by certified mail telling them that the debt in question has passed beyond the SOL and to stop all contact with you.

If you are interested in going after them for violating the law, you will need to prove that they violated the law.

Sub: #2 posted on Thu, 08/15/2013 - 05:47

skydivr7673 skydivr7673
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Even if the SOL has past, you still legally owe the debt and collection efforts can continue. They just cannot threaten or take any legal action.

Sub: #3 posted on Thu, 08/15/2013 - 06:13

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they did as in threaten to file a judgement.i would get a C&D letter out CMRRR.

Sub: #4 posted on Thu, 08/15/2013 - 10:04

paulmergel paulmergel
Moderators Cum Industry Expert
(Posts: 15514 | Credits: )

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