How can I deal with a CA that is trying to collect on a debt that is past my state's (NY) SOL which is 6 years? The phone calls are very annoying because they don't leave messages or when I pick up, they hang up.
No, I haven't. Is this the way to go since the SOL has expired? Can they go to court to get a judgment against me if I send a C&D letter? The amount is $2812.81; the original creditor is Discover and my seven year anniversary is this upcoming April. I'm at a loss on what to do.
If you send a cease-and-desist letter, consider sending a modified letter. By that I mean that the only communication you want from them is in writing. You want to tell them not to call you at home or at your place of employment. By doing so, you may catch them in some violation and have the paper trail to prove it. Whether you send a C&D or not, the CA could conceivably go after you in court. If they do so, the SOL will be your affirmative defense, meaning that you will have to assert it should you be sued over this debt. HTH, John
Wouldn't that also be saying that I admit that it is my debt? Even though it is, the OC does not appear on my credit reports, only the CA but since I do remember the last activity (which was my last payment) was in April 1997 so I assume since NYS SOL is 6 years, the OC or the CA cannot collect.
Re: Re: CAs and SOLs Trili, Telling these guys not to bother you anymore can't be construed as an admission of liability. What John is saying is that if you send a FULL C&D, telling them not to contact you, you leave them with no alternatives other than to sue. That's pretty much the advice you'll see on other boards, unfortunately. By default, it's an open invitation to be sued. A "Partial C&D" simply tells them NEVER to call you again, but you may contact me by mail only. You can do one of 2 things. If you want to just make em go away, tell em you're aware that the debt is "time barred". If you want to practice your Credit Correction Prowess, let them play around with it, and waste recourses. If it IS time barred all you'd have to do is go to court long enough to tell the judge, "TOO LATE JUDGE". If I were you I'd do #1. Don't worry so much. .
