Facts: Collection Account with Asset Acceptance filed 6/00. Original creditor - Gantos (3 bankruptcies and they're out of business). I don't recall having any outstanding balances with them, but A.Accep. is alleging that I owed them since 1995. Naturally, there's no one at Gantos to call as they don't exist anymore. I don't have any proof that I don't owe them anything. What steps can I take?
7 years from 95 is this year, meaning, it should come off your reports this year. The statute of limitations has probably already lapsed. I would check to make sure, and assuming it has, I would send the ca a cease and desist and I would write to the cra's advising this item is obsolete and needs to be deleted. What exact dates do your reports show for this?
The actual collection was filed in 6/00, but the account, as far as I remember, was paid off in '95 - at least I think it was paid off. Asset Acceptance bought the 'debt' in the bankruptcy proceedings. I don't have any records to prove I paid the account off in '95 and the collection agency is taking it on faith that the Gantos records were accurate from the BK proceedings as they don't have anything to show the debt is actually valid.
Date filed is just the date it was reported. If they can't prove anything, then I say they are out of luck. Make them prove it and if they can't, they must cease collection and remove it from the cra's. Have you sent a validation? If not, you can find it in the letter section. Modify it to suit your situation.
Do you have this in writing from them? Or is everything verbal? What state are you in? Unless you are in Wyoming or Rhode Island the debt is past the SOL, and nothing else matters.
