Received a collections letter in the mail yesterday from Credit Control, LLC. They are trying to collect on a debt from 2003. The OC was First Premier (credit card). The SOL for Alabama on revolving credit is 3 years. According to an old CR that had the OC on it, they have listed the TL with last date reported as being 4/2004 with a status of charge off. There is no DOFMD or DOLA reported. In the history it shows 3/2003 as 30days, 4/2003 as 60days, and 5/2003 as 90days. No other activity from them. It was assigned to a CA and been reported, sold, whatever the process..... (this belongs to my now husband, bf at time this all went down) All that being said, I need to dispute this since it's past SOL (although I don't know exactly what date we use since there is not DOFMD or DOLA). I would assume we use the 1/2003 (open date) since that appears to be what the OC used. The OC fell off the CR in 1/2010 is where I'm basing that from. Any way you look at it, it's certainly past the 3 year SOL for Alabama. So do I send the new CA (obviously a junk debt collector) a SOL letter or a DV? Thank you so much.
That is a question with no clear-cut answer, it's more a matter of your preference. Some prefer to send a DV, see what they try to provide as validation... (Some key things to watch for is whether they (a) misrepresent the legal status of the debt, or (b) threaten to do something that they wouldn't be able to do (i.e. sue, and garnish on a post-SOL account).) Some just prefer to send them a SOL letter, and hope that that is the end of it, and if they come back, it's continued communication post a C&D.
