Depends on the type of debt and the SOL. For example, student loans can be collected pretty much forever.
Just send them a cease and desist letter. It doesn't even have to be partial, just tell them to cease contact. If they're stupid enough to sue (they won't be, but just in case), just show up and assert the SOL.
I'm still kinda wet behind the ear with SOL. The CA said that the monies are still owed and that the SOL has no factor because it is an unpaid debt....Or am I just being vulnerable?
How shall I put this??? The CA lied to you! Why are you talking with them on the phone. As was previously suggested, send a letter saying never contact you about this matter again.
I only spoke to her very briefly....I DID NOT SAY YES TO ANYTHING..I was just caught off guard with this call because I don't know anything about this alleged account that was CO...oh and believe me I will be sending a VALIDATION letter and maybe with the font size set at 24 or something..hehehehe
Re: Re: How can a debt who knows why. But that is what was said; it doesn't matter if the SOL is 6 years, this debt still needs to be paid.
Re: Re: How can a debt if it is truely time-barred, c&d, if there is any way that it could be newer than the SOL, then request validation - with partial c&d, "no phone calls, no third party communications, only contact via postal mail at the above address"; then if they PROVE that it is beyond SOL, then c&d... I usually do the validation route first, nothing better to have their documentation showing that it is time-barred, then if they try anything you can have your copies provided by them to back up your SOL claims. Plus, it makes them actually work, before slamming the door in their face... Think of it as the same way you could a door-to-door salesperson if you are in the mood for being evil... Have them go through their entire speal, even looking enthusiastic, then "That's a nice product, but I'm sorry, I'm not interested." or a telemarketer same sentence adding "Please add me to your DO NOT CALL list, thank you." Why should CAs have the monopoly on being evil... ;>
Re: Re: Re: How can a debt The truth is never a factor, they want their $ Technically though, it is not a false or misleading sentence. Monies are still allegedly owed, and it still is allegedly an unpaid debt. The SOL doesn't change those alleged facts. What it does do is keeps them from getting a judgement against you based on those alleged facts; as long as if they are dumb enough to try to sue you for it, you show up to present SOL as your defense. Phrased that way, do you see the difference. SOL is only a defense for when they sue, and a granade for throwing to deter them from paying out filing fees for a case that you will win by using SOL as your defense. In most areas, unfortunately it is permissible to attempt collecting on any alleged debt, no matter how old it is.
Re: Re: Re: How can a debt Oh no dear...don't get me wrong, I BELIEVE YOU and my other superiors here. I just want to get clarification, should I C&D or Validation? Thank you for your inputs, and I'm taking your advice constructively.
Re: Re: Re: Re: How can a debt Ok, so C&D will initiate litigation and Validation will force them produce proof that this debt does actually belong to me?
Re: Re: How can a debt If that's what they said, they have no knowledge of what SOL is and means. If that's what you believe, you have a LOT of reading to do on these boards. I refer you so several threads I started a while ago. Making Yourself Judgement proof: http://consumers.creditnet.com/stra...ead.php?s=&threadid=51081&highlight=Flyingifr Understand teh Collection Process http://consumers.creditnet.com/stra...ead.php?s=&threadid=49085&highlight=Flyingifr Understanding the Collection Agency Part 1 http://consumers.creditnet.com/stra...ead.php?s=&threadid=50081&highlight=Flyingifr Understanding the Collection Agency Part 2 http://consumers.creditnet.com/stra...ead.php?s=&threadid=50083&highlight=Flyingifr
Re: Re: Re: Re: Re: How can a debt and who cares which you do. If you send a validation request and they send full validation, that doesn't start the SOL, so they are still SOL (different meaning than the other SOL). If you send Cease Communication and they sue (a) they will still have to prove the debt in Court, and (b) then you assert SOL as a defense and they are once again SOL (same meaning as 2nd SOL in previous paragraph). The SOL makes THEM S.O.L.
