Capital Acquisition and Management purchased my charged off account from 1992.....10 years ago. Sent me a letter stating that I owe $1000.00 more that what the account was charged off for originally. They told me that they would repost this dept to my credit file because they had bought it. The SOL in my state is 4 years. Is this true? Can they repost a dept that was has passed is the 7 year mark? Please post some advise on how I should handle this matter.
Can they put this collection account on your report? Yes. Is it legal (according to your circumstances)? No. I would suggest you sending them a validation letter, which can be found in the sample letter section of the board. In the letter I would include the proof that this debt is past the SOL for your state and is no longer collectible. Advise them you have proof of the DOLA and if they place this account on your report(s), you will immediately file suit against them. Also, if thisd debt is 10 years old, I can't see them having any "real" validation that this debt is even yours.
Asset Acceptance tried this with me. They didn't put it on my file, but the sent a letter and i laughed. I called to have some fun with them. The rep told me the debt was from 1989 and eventhough it wasn't on my credit file and past the 7 years i would still be responsible... I laughed so hard in his face, pretended to be scared, asked for his boss and Ripped him a new A hole..... They've sent letters since still, but i'm not worried. Sent a intent to file suit letter last month...... They think people are so scared when they get a letter.......
1989?????? Where are they getting this stuff?? It's unbelievable. I better watch out, my bk debts from back then are liable to show up with Sherman as the CA or something.
Thank you for the advice. I was very apprehensive about responding to them for fear that they might pull something on me and start harrassing me. Should I wait to see if they actually go forth with it or should I send the letter immediately? Please advise
Lets say they put it on and then take it off. Maybe 2 times even. Can you still sue because they had put it on at one time? Even though the most recent report shows it isn't there? Let me correct that. Can a case still be made?
