Asset Acceptance--help with next step

Discussion in 'Credit Talk' started by flgirl, Jan 15, 2008.

  1. flgirl

    flgirl Member

    I heard back from Asset Acceptance and need advice as to what to do next.

    (They have an old credit card account that has since dropped off of my credit report and the date of last activity was 10/99)

    Here is the letter:

    RE: Asset Acceptance LLC Acct #xxxxxxxxxx
    [credit card name] Account #xxxxxxxxxxxx

    Dear ****** ******,

    Thank you for your request for further validation of your above mentioned account.

    Enclosed, please find an account statement prepared with information provided to us by the prior creditor. Please contact me so that we can work toward resolving this matter.

    This is an attempt....blah blah blah

    Sincerely,

    -Phone: Toll Free
    Dept Collector

    Page 2:

    Debt Validation

    Prior/Original Creditor:
    [credit card name]

    Original Account number:
    XXXXXXXXXX

    Name: Kim XXXXXXXX

    Principle: $763.57

    Interest/Feed:
    $591.86

    Balance:
    $1355.43

    Last Transaction Date:
    10/04/99

    Personal Information:

    My name, address, social security number.

    My question is what do I do next? I checked my CRs a couple of weeks ago and this credit card debt is not showing. Since the date of my last transaction (10/99) is so long ago, is it worth it to even respond? I am assuming it is past SOL (I live in FL), so could they get a judgement against me?

    Part of me thinks I should just pay it off when I get my tax return, but this debt is SO old and I am afraid it would cause it to pop back onto my CR.

    Any suggestions are appreciated!
     
  2. greg1045

    greg1045 Well-Known Member

    The SOL in Florida is four years. If they haul you into court just just assert the SOL defense.
     
  3. peeper

    peeper Well-Known Member

    They did you a favor by sending you that validation.You now have proof that its past the sol.I would save that validation it may come in handy down the road if someone tries to re-age the date of the last transaction on that account in the future.
     
  4. jlynn

    jlynn Well-Known Member

    I'd send them a cease and desist now. They have confirmed it is past the 7 year reporting period (regardless of whether you paid it today or not), and they would not prevail in a lawsuit. As Peeper's said, hang on to that letter though.

    Asset was at one time suing quite a bit in Florida - don't know if they still are, so its worth keeping a wary eye out.
     
  5. Hedwig

    Hedwig Well-Known Member

    Agree. Keep the letter, tell them to pound sand. This is past SOL, there is no reason you should ever pay this now.

    Let them sue you if they want. But make sure you show up and assert the affirmative defense that it is past SOL.
     

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