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Should I even ask to validate a 14 yrs old credit card debt?

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Greetings all:

So I get a call on my cell phone from this collection agent asking me for my address and the last 4 digits of my SS#.

At first I didn't know what it was all about so I confirmed my address, big mistake. Then he wanted to know the last four digits of my SS#. I grew suspicious and when I refused to give those digits to him. I asked him to identify himself, his response was that he is someone who is trying to prevent people from getting sued. I simply hang up.

A few days later I received a letter from him. It is about a credit card that I owed $2,000 may $2,200 back in 1997 or 1998. Of course they are asking now for a whopping $8,600. In my state the SoL on credit cards is 3 years.

This is one of 3 credit cards that I had a balance on in 1997. One of them I received a letter informing me their, (LVNV represented by a local law firm here), intention to sue, I asked them to validate the loan and they sent me a letter that they did. All the letter said was that they validated the account. No proof what so ever. The debt they were suing for was 4 years old, (I stopped making payments on it 4 years before). My lawyer, (not sure if LVNV's lawyer came to court or not or if they had a trial), told me that it was dismissed based on the fact that it was over 4 years after I made my last payment on the account. I myself never even had to go any where near a court. I received copies from my lawyer signed by a judge that the case was dismissed.

That's what happened with a 4 year old loan, this clown thinks that he has a case, with a debt he obviously purchased for pennies to the dollars, after 14 years?

My question is, should I even pay him any attention and ask him for a DV like I did LVNV, or with the account being so old I don't even need to? The reason I hired a lawyer when I got sued the last time was because it was too close to the 3 year SoL period. Would I even need a lawyer this time around or don't even worry myself about any of this because if the case goes to court it will be dismissed once the judge finds out how old the account is given the 3 years SoL in my state

In the last 14 years things have changed so much for me. I have a good job, and I live in another city. I have clean credit report and over 14 credit cards that have high line of credit, may be close to $55,000 in total, a 2 year old loan on a brand new house, and car is paid off. I don't have any balances on any of my credit cards. Well, to be perfectly truthful, I do use my AmExp card for all my purchases and right away go home and make a payment on the account for the amount of the purchase, many times before the purchase is even posted and still in pending stage. I do use the card just to get points. I know it is stupid to have that many cards but I have learned to be a responsible user as learned grow up after I had the bad experience I placed my self in 14 years ago when I was just out of college and I thought I know it all.

Please advise what to do. To ask for a proof of debt validation? Not to ask for a DV and risk needing to go to court in case they sue 14 years after last payment? If they sue would they have a case in front of a judge?

Thank you all!




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.

Sub: #1 posted on Mon, 03/26/2012 - 00:49

StevenDoyle StevenDoyle

(Posts: 199 | Credits: )

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.

Sub: #2 posted on Mon, 03/26/2012 - 00:55

Tyler Tyler

(Posts: 269 | Credits: )

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!

Sub: #3 posted on Mon, 03/26/2012 - 04:33

nasser56 nasser56

(Posts: 5 | Credits: )

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.

Sub: #4 posted on Mon, 03/26/2012 - 05:34

SOAPLADY SOAPLADY
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Thank you all for your input and for the sample letter.

Sub: #5 posted on Wed, 03/28/2012 - 06:02

nasser56 nasser56

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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....

Sub: #6 posted on Fri, 03/30/2012 - 06:40

skydivr7673 skydivr7673
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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.

Sub: #7 posted on Fri, 03/30/2012 - 06:48

paulmergel paulmergel
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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!

Sub: #8 posted on Fri, 03/30/2012 - 18:03

nasser56 nasser56

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Nasser...read your last post. You answered you own question.

Sub: #9 posted on Sat, 03/31/2012 - 07:45

SOAPLADY SOAPLADY
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