I received a collection notice from a CA on some extremely old debt that is past the SOL by years. There are 3 seperate creditors and 4 different debts. These debts are about 7-10 years old. I believe they were sent on accident because I haven't received any other collection notices since with these particular debts on them, I have received others with other collection accounts. Do I have this particular CA on violations for attempting to collect a debt that is past the SOL? If so, would it be 4 seperate violations? I could really use the leverage to have them delete some other neg collections that aren't past the SOL. I would appreciate some advice. Is it too late to do anything about it since I received the notice in July of 2003? The SOL in my state is 4 years (Califiornia). Thanks! KJ
The SOL defense is an affirmative defense. You have to raise it. In most states it is not illegal to attempt to collect a debt past SOL.
Is the CA legal to collect from you in their state and the state you are in? See the link below. You need to find out!!!
It is an unfair/deceptive business practice to attempt the collection of a POST SOL debt in CA. You're in position to do whatever you want.
Butch, Does this mean I can hit them with 4 violations and possibly trade violations for deletions? I am startin to feel like a woman with power!!! Thanks for all your help, KH
Re: Re: CA demand for $ on debt past SOL Anybody have an answer? If I am sent a collection notice on a debt that is way past SOL by years (about 6 years past the 4 yr SOL), is that a violation. There were 4 seperate TL's on the notice, all past SOL. I am in California. I know it is a violation to threaten to sue for debt past SOL, is a collection notice a violation in my state (CA) as well? I have looked for hours/days and can't find the answer. DOes anyone have first hand knowledge about this? I have other medical collections with this Credit Bereau/CA and the leverage could come in handy for deletion if they indeed violated the code/law. Thanks guys! I am a woman on a mission with a batterypowered ... ....label machine organizing my file folders and a zillion green CRR slips ready to go!
Re: Re: CA demand for $ on debt past SOL Deletion of what? If it has been 7-10 years since the date of last activity (DOLA) on the accounts, then they should not be reporting on your credit report! If they are reporting, then verify the DOLA and then dispute the TLs with the CRA's. You could also send the CAs C&D letters to make the calls/letter stop! Michael **SOL is an affirmative defense only if you are aware that a lawsuit has been filed!
Re: Re: Re: CA demand for $ on debt past SOL I am aware that the POST SOL stuff isn't really a "problem" as far as collection, what I am wondering is... Since they sent me a collection notice with ONLY this post SOL debt on it, is it a "violation" in my state (California) to attempt collection on post SOL debt and if it is, do I have a solid leg to stand on in court if I threaten a lawsuit. If someone could just answer whether Collection attempts, not threatenting to sue, but collection attempts on post SOL debt is against the law in California I would be one happy girl. Anybody?
