So here is the deal. I just got a letter from a law office saying that they are representing Capital One Bank in an effort to collect a debt. I am sure this debt is past the SOL and so I am going to send a cease and disist letter alerting them that I know it is past the SOL and will use this defense. (Its been about 6 years and the SOL was 4 years) The question I have is should I send it to the lawyer, or to the collection agency? Because if the law office is being payed to go after me, they will not gain by stopping their efforts. The thing is, I doubt its actually Capital One who they are representing seeing as how Cap one wrote this off years ago. How do I find out who is really in charge of the debt, or if this law office is also the collection agency.
Yes, I have credit reports stating that list the date of last payment as 10/2001, is this what you mean?
Send the C&D to the law office and any collection agency they "may" be representing. Include therein, a request for validation as well. If your DV is timely, they will have to forward to you validation from the "original creditor" which at this point could very well be some other party than Capital One; i.e., they sold it. Make sure you're correct about your jurisdictions SOL before you send a C&D though.
Thankyou for your reply. As far as being sure about SOL, I have researched on the internet and found 4 years. I have lived in other areas though, and can't seem to find out if there are special rules afecting SOL for Georgia. My feeling is, I've searched for them and cannot find them so they probably don't exist. How do I figure out for sure though that the SOL has passed?
Check the Georgia rules on "tolling" insofar as moving out of state and then back in could have stopped and then re-started the SOL. I'm not qualified to issue a statement as to Georgia law but, I'd suggest you look in order to be safe.
