My husband got a notice from another JDB regarding an account which is past SOL. We live in Texas and the date of last payment was July 2003, and even then, the account wasn't brought current. Should I send a validation letter at this point or ignore? The company has not posted anything on his credit report yet. Thanks for any help.
Do you want to try and pursue an FDCPA action? If so, you should validate to preserve your rights. After all, if it's past SOL, what can they do? (O.K. Besides take you to court.) If you go "FDCPA" on them, they might go away (and just sell it to another JDB), or they might get ugly and give you a cause of action for your suit. If you just ignore it, they might still go away, or they could start harassing you, or they could take you to court. The only difference is that by not asking for validation, you'd have given up some of your rights under the FDCPA. If it were me, I'd request validation and start looking for FDCPA violations, but I still have all my forms and letters from the last CA that tried to bother me so it's simply a matter of cutting and pasting a new name and address.
