SOL question - CA attorney need reply.

First let me say that I have been a member of this forum for a while and I am absolutely greatfull to all of you for helping me navigate this credit stuff. Also, let it be said that I am not looking to get away with not paying my debts.

If you guys could help I would so much appreciate it.

I recently received a letter from an attorney working on behalf of a CA I've never dealt with or heard of. Apparently the CA bought this account from Wells.

Here's the scoop. The Account was opened in California in like 1997 for a company my ex wife and some friends started so I had my name on the loan along with my ex wife. The company went out of business in 2001 and the loan went to charge of in Sept of 01 with an owing balance of $2k. The account is reported as follows:

01'
Sept / 30 days (first late)
Oct / 60 Days
Nov / OK (?)
Dec / Charge off

02'
Jan / Charge Off
Feb / 60 Days
Mrch / 90 Days
Apr / OK
May / OK
Jun / OK
Jly / OK
Aug / 60
Sept / 90
Oct / Charge off

Then it doesn't report anymore. Weird reporting.

I pretty sure I didn't make any payments from the time it went to a charge off the first time but I don't have my bank statements to verify just yet. I know the ex never made any payments ever.

The SOL in Cali is four years but now we both live in Washington which is 6 years.

Here is the letter I received.

RE: Creditor: Oliphant
Original Creditor: Wells
Amount of Debt: $11,597 (Don't know where they get this from)
Our File Number #XXXXXXXX (They don't refer to original account #?)

Ladies/Gentlemen

This Office has been retained to collect the above referenced claim against you.

Unless, within thirty days after reeiept of this notice, you dispute the validity of the debt or any portion thereof, we will assume the debt to be valid.

If, within thirty days of your reciept of this notice you notfify us in writing that the debt or any portion thereof is disputed, we will obtain a verification of the debt or , if the debt is found upon judment, a copy of the judgment and we will mail to you a copy of such verification of judgment.

If the original creditor is defferent fro the crediot named above, then upon your written request within thirty days of the recieipt of this notice we we will provide you with the name and address of the original creditor.

You are put on notice that we are attempting to cllect a debt and any further information obtained will be used for that purpose.

Please direct full payment to this office.

Very truly yours (yeah right!)

Collection Department.


So, I need to respond to these guys pretty quickly and I just need to know how to approach this.

Any help is greatly appreciated.

I sort of still Live in Los Angeles out of my sisters home.. Should I have her mail it from her place to so they don't think there is a question about the SOL? I don't know... just thinking.

Any help would be greatly appreciated!!! you guys are the freakin best!!!!

 

Ok... so I'll looked a little harder through the threads... here is what I came up with

I am going to send them the letter below and wait for them to first prove the account is mine and second find out when they think the date of the last Major delinquency was. If someone could just validate that what I'm doing is right that would easy a little tension.

Thanks




Date (within 30 days of receipt of Dunn)

ABC Collections
123 West Street
Anytown, USA 12345

Regarding alleged account # 123456789

Cert Mail # xxxx xxxx xxxx xxxx xxxx

Sirs,

This alleged debt is disputed in it's entirety, and strict proof is demanded immediately!

Thanks

Regards,

You

 

Thanks for the reply! It's actually a personal debt. We didn't put it under the business name as the business wouldn't qualify. Does that change anything you said?

What about the SOLs? Will it stick with the California one? or transfer over to WA?

Thanks