O.k. I found out who that collection agency is. They are trying to collect on that old Bank of America account. The date of last activity for that accont is 10/97. Now....that statute of limitations starts then right? In the state of CA it's 4 years. I'm mad because this account keeps getting passed around. It all started off in ~9/2000. It was FINALLY sent from BofA to some agancy in Washington. I just ignored their correspondance. Then sometime in ~5/2001 it was sent to CFCA in CA. I stalled them by asking for validation (which they didn't properly provide anyway). The the SOL ran out so I sent them a C&D letter. Now they've passed this to North American Collectors. I just called them and they are trying to play hardball. Well I got another thing for their ass! Now...should I just skip the validation letter and C&D them as well?
If you are sure it is past the sol, send the c & d and advise them they ran out of time and they can stick it.
As long as the SOL is determined by date of last activity, then it's definately passed. I know that account was closed in 10/97 FOR SURE. The stupid idiot collection MOFO (HA!) said something about 1998. I was like, NOPE! Sorry....I just stated that I had no account with BofA in 1998 (which is true). Then he was like, well you know that you've been reported to Chexsystems and cannot open a checking account anywhere. I told him that I didn't know where he was getting his info from but I have no relations with Chexsystems (which was a lie) and have had no problems getting any accounts of any kind. I just said that...didn't want him to have the satisfaction. And FYI...I did C&D their ass. Sent them a letter via FED/EX today! He'll get it tomorrow. So yes, they can "STICK IT"!!!!!!
My understanding is they can still attempt to sue you and actually win if you don't raise the SOl defense. So it would follow that they would pass the debt around to another agency who thinks they may be able to get something out of you. I am not sure what happens if you would move to a new state where the SOL is like 10 years.
