I have a tradeline on two of my credit reports it is from a CA (I don't want to say the name, due to the fact that I have them listed for something else that I'm in the process of battling), just in case someone is watching. the tradeline reads as follows: client: xxxx Acct# xxx Date reported: 6/02 amount $2xx.00 balance date: 6/02 last activity: 6/96 date assigned: 7/98 collection Status: unpaid Now my question is. I only noitced this tradeline line in March when I pulled my reports. I did'nt even know it was on there. I want to send them a validation letter on this, (senario would be that they never repsond to any letter I send). but I'm thinking, considering it is over SOL (PA is 4 years), suppose they do not respond to the validation, and then I proceed to sent a Estoppel, then intent to sue (again senario would be they never respond to letters), Would I have a right to file suit?. because I'm looking at the date the acct was assigned 7/98 and thinking this is way over the 2 year standard to take action. I'm I right? I'm slightly confused on this one regarding the 2 year thing to take action. Could someone please set me straight. any help would be appreciated. kathy
Hi Kathy, YES you have the right to sue (actually almost everyone does). Are you confusing things? Slightly, yes. The SOL does not affect your right to sue the CA for violating the FCRA and FDCPA because they are CURRENTLY violating the law by reporting the debt and not responding to the validation requests/Estoppel, so it does not matter that it has been longer than 2 years at all. Since it is past the SOL date, you have a "guarantee" that they can not win on a countersuit or by suing you directly for the amount of the debt, because you would raise the SOL as a defense. They have no such defense because they are currently breaking the law. Send the Estoppel and follow your own advice above...you are on the right track. Good Luck. -Peace, Dave
Dave, I love when you respond to my posts. You have such great information that I really respect. I definately was confused, but you have cleared that up for me. I will pursue this CA in question. I have made wonderful progress since I have started, right now things are going a little so, but patience is a virtue! I look forward to the day that I will be able to tell a life sucess story on this board. My complements go out to everyone on this board. especially all the experts for all your time, patience and wisdom. I have learned so much in such a short period of time. thanks to all!! kathy
