I've looked through the posts here and haven't found a situation similar to mine (apologies if I missed an obvious thread). I received a CA letter on an account that is over 10 years old and is no longer reported by any of the CRAs. I don't have any paperwork to prove that the account is past the SOL and previous CAs have harassed me about the account until I sent a Cease & Desist. I'm trying to figure out if it would be advisable to request a validation in hopes of getting proof of the date for the SOL. I'd sure appreciate any suggestions or thoughts about this. Cape
If the CA has sent you a "Notice" of the alleged debt, then defintiely write a Validation Request Letter. Due to your circumstances, ask specifically when this debt was incurred. I would add that you believe this debt would be past SOL for legal collection, and should any legal action be brought, you would raise the affirmative defense of past SOL for legal colleciton. I think this will be the end of it (until the CA sells the debt again).
Thanks Bizwiz41! I sent a request for copies of the documents originating the debt and an account history. I've been reading some of your earlier posts and I get the impression that the CA may only have to tell me the name and address of the OC, they implied as much in their original letter. But I'll be hopeful for some useful information from them. Thanks so very much for your help! Cape
If it's over ten years old, you could always just give them the full cease and desist routine. However, the request for validation will likely serve the same end insofar as they won't mess with validation for a zombie debt.
Technically this is correct, however a "dispute" of the debt lays the groundwork for your defense. A request for the original date that the account went deliquent is more than reasonable. So, take heart, should this CA decide to pursure legal collections measures, you could raise the defense that this debt is past SOL, then the burden of proof would be on the CA to prove otherwise. So, you're covered.
