I disputed an AFNI debt and their only response was a letter requesting additional information. I sent another validation request and they sent a photocopy of a verizon bill from 2002. Can I still use the estoppel by silence letter? They have sent replies to my letter, but proper validation was never sent. I'll be hitting the 60 day mark on October 4 and would like to know what I need to do next. Thanks!
Why do you say it's not proper validation? It gives the original creditor, the amount of the debt, and I assume your name and address.
Everything I've read (except for a few nutjob "sue everybody all the time" sites) says that validation requirements are very very basic. A copy of the statement at the time of chargeoff is probably sufficient. Maybe not sufficient proof for court purposes, but plenty for FDCPA / FCRA.
It's in her name, but it's for an address that she never lived. It's also over 6 years old, so it's past the SOL. AFNI reaged it, but for the absolute worst case scenario, I suppose I can send the copy of the verizon statement to the CRAs with the proof of when it occurred and have it drop off my wife's report in 3 months.
who is the JDB? afni? Out of curiosity, why not just send Cease & Desist letters to both anfi and the JDB?
Before firing off a cease & desist letter, you better make sure it's out of SOL. If you send a C&D, you only leave them one choice--sue. Be careful and make sure you know what you're doing before you start firing off letters.
Hedwig, How can one verify or make sure if the debt is SOL? I am in NY, and I think the SOL is 4 years, but how do I verify ( and more important how does the CA's, collection agencies, verify ) the "age" of the debt? then, if the debt is beyond the SOL, how do I go about getting the debt thrown out/discharged and removed from my credit report? Thanks!
The only way to be sure is to verify with an attorney or your state's Attorney General what the SOL is. Then contact the original creditor and find out when the last payment was made. You can't just get it thrown out or off your report. If you're sued, you must still go to court and raise the affirmative defense that it's SOL. It can be reported for seven years. That has nothing to do with the SOL for collecting.
You'll have to read your state statutes to get a definitive answer, but in my state the SOL for legal action begins on the first day in which action may be taken. In other words, it generally begins on your first missed payment after your most recent payment. For most people, that's 30 days after your final payment. So if your last payment was January 10 2005, and if your next payment was due February 15 2005, and if your state's SOL is four years, then as I understand it, the last day on which they can sue you would be February 15, 2009 (allowing for business days / holidays, of course). There are two SOLs to be aware of. The SOL I described above relates to the time someone has to sue you in relation to a debt. The SOL that affects your credit report is seven years, regardless of state. So it's possible that you may be out of one SOL but not the other. You can dispute with the CRAs. Try the online forms at each CRA's website. I've had a few debts removed even though they weren't outside the SOL.
Actually, they can sue whether it's out of SOL or not. The fact that it's out of SOL means that if they do sue you, AND you go to court and raise the affirmative defense of SOL, the case should be dismissed. If you don't show up, they can still get a default judgement even if it's out of SOL. It's up to you to raise the defense.
Absolutely correct. I guess it gets tiring typing in "...is the last day on which they can sue you without having to worry about you raising the Statute of Limitations defense; after this date, you can still be sued, but you MUST respond appropriately and raise the expired statute of limitations as a defense, or else they will win". I propose a new acronym to handle this situation: ITLDOWTCSYWHTWAYRTSOLDATDYCSBSBYMRAARTESOLAADOETWW Any takers?
