First time doing this. Need help. 8 year old debt. Way past SOL of California. No listing on CR, but keep getting letters from CA. Just sent CA a Demand for Validation. CA immediately sent me a computer generated statement with very general account information. Including a last transaction of 8 years ago. Is it a better strategy to just get this CA to stop collection activity, or should I count violations and sue them? I want this issue ended. What is next step for validation when CA only gives one line of general information (acct #, OC, principal amt, interest amt, balance, last transaction date, contact info).
If it is both past SOL for legal action, and past 7 years for reporting, you can just send them a cease and desist. Be sure it is actually past SOL, and keep their documents, and any records you have to substantiate this. Include in your notice that this debt is past SOL for legal action, and may not be reported to CRAs, and that they are not to contact you again in the future. Send your notice CRRR. http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#805 �§ 805. Communication in connection with debt collection [15 USC 1692c] ... (c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except -- (1) to advise the consumer that the debt collector's further efforts are being terminated; (2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or (3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy. If such notice from the consumer is made by mail, notification shall be complete upon receipt.
I would send them a COPY of the letter they sent to you and circle the last transaction date in yellow highlighter. Then I would include a citation from the relavent California Code concerning SOL's, and tell them any further contact from them or continued collection activity will result in a lawsuit for violation of the FDCPA! (make sure you are right about the dates as ONTRACK suggests!)
