hi everyone, can someone give me an advice regarding a credit card loan that i got and it's now on a collection agency. i haven't been paying this account for about 4 yrs or more now, whats the sol in california where i live. how do i go about in writing a letter to the collection agency about the sol so i can relieved on getting the letters and calls and threat s they send me. also wage garnishments. please help me
You can find the SOL in CA for CC debt as well as other SOL information here: http://a1248.svwh.net/BoardFAQ.htm#SOL You don't write a letter to the CA about the SOL. The SOL is a defense you would bring up in court. They can continue collection activity AFTER the SOL has run out...they just wont win a judgement against you, because you could/would raise the SOL as your defense. Send a validation letter (if this is on your reports) or a C&D letter (if not, and you just want them to stop calling) to the CA. Use the Sample letters as guidelines. http://consumers.creditnet.com/straighttalk/board/forumdisplay.php?s=&forumid=25 -Peace, Dave
thanks for that advice. what about those letter they keep on sending me telling me that they will file a lawsuit against me and wage garnishment. what should i do to keep them off my back.
Pull all 3 of your reports to see what they are listing. If there is no listing, send them a Cease and Desist letter which says "go away and stop sending me those letters". If there is a listing on your report, you should end a validation to them to make them prove you owe the debt first. You could also send the C&D letter that says "Stop calling, only contact me through the US Mail" They must abide by that and you can still go through the validation process. By the way, once you send a validation letter they have 30 days to prove you owe the debt...during those 30 days they can NOT send you any collection letters or they are in violation of the FDCPA. -Peace, Dave
you mean the 3 cra's, what about the validation letter, even though the collection letters that they been sending me, i never sent them asking for a validation on the debt and its been 30 days over .should i still send my validation letter and c&D letter?
Pull your reports from the 3 CRA's to see if this CA has reported the debt they are trying to collect on (all those pesky letters). It is not too late to do either of the things you are asking. After you pull ALL 3 reports from the CRA's: 1) Send a validation if the debt IS listed on your reports - or - 2) Send a C&D letter if the debt is NOT listed on your reports -Peace, Dave
When someone is beyond the SOL, I recommend adding a phrase to any letter that is sent advising them that it is a violation of the FDCPA to threaten or bring legal action that is either not contemplated or unfounded. State the SOL for your State. DO NOT refer to your debt except to say "this is not a refusal to pay, but a dispute of your claim" This establishes a pre-emptive strike for a SOL defense AND does not reaffirm the debt.
