Author Topic: Should I send Statute of Limitations letter?  (Read 4672 times)

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winstonguy

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Should I send Statute of Limitations letter?
« on: August 01, 2011 01:04:28 AM »
I have several accounts that are past the Statute of Limitations but I have not heard from them in a while and have not been sued by anyone yet. Some have been sold as I have seen on my credit report but yet have not heard anything from the new CA's who have bought them. Should I send a letter to all of them now since it is past the SOL and hope they will not pursue anything later? I am in a State where the statute is 3 years but I am thinking of taking a job in another State where the Statute is 4 years which would extend it another year if they found out.  Thanks in advance.

coltfan1972

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Re: Should I send Statute of Limitations letter?
« Reply #1 on: August 01, 2011 01:06:48 AM »
What kind of letter are you thinking about sending them?
Scroggin succeed in making this case an expensive nightmare for both CBOJ and its counsel.

Scroggin made a "mockery" out of CBOJ's deposition.

Scroggin made perverted "one-liners" during his deposition!!

Scroggin called CBOJ'S counsel "a little witch!!"

Scroggin has engaged in the exact type of behavior the FDCPA was designed to prevent.

Scroggin used the FDCPA as a "sword of intimidation!!"

Rebecca Worsham - Lead Counsel, Scroggin v. CBOJ, 3:12-cv-128 SWW, Eastern District of Arkansas.

winstonguy

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Re: Should I send Statute of Limitations letter?
« Reply #2 on: August 01, 2011 01:35:32 AM »
One similar to the one on this forum which I pasted below.




Your Name
Your Address
Collector's Name
Collector's Address
RE: [insert account number or name of account or name of debt]:
Dear [insert collector's name or company name],
This letter is in response to your [letter dated xx-xx-2005] (copy enclosed) or [phone call on xx-xx-2005], concerning the collection of the above referenced [account or date].
I do not believe I owe what you say I owe therefore I dispute this debt. I am well aware of my rights under the Fair Debt Collection Practices Act (FDCPA) and my state laws so I hope to save both of us a great deal of time by letting you know that not only do I dispute the validity of this debt, I have also checked with my State Attorney General and verified that the Statute of Limitations for enforcing this type of debt through the courts in (insert your state or the state in which the contract was signed) has expired. Therefore, should you decide to pursue this matter in court I intend to inform the court of my dispute of this debt and that the "statute of limitations" has expired.
This letter is your formal notification that I consider this matter closed and demand that you, or anyone affiliated with your company, stop contacting me regarding this or any other matter except to advise me that your debt collection efforts are being terminated or that you or the creditor are taking specific actions allowed by the FDCPA or my state laws.
Be advised that I consider any contact not in accordance with the Fair Debt Collection Practices Act a serious violation of the law and will immediately report any violations to my State Attorney General, to the Federal Trade Commission and, if necessary, take whatever legal action is necessary to protect myself. Be advised that I tape record all phone calls and violations of the FDCPA can result in you or your company being personally fined up to $1,000 per incident.
   

(Sign above name)
Printed Name


cbarnett97

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Re: Should I send Statute of Limitations letter?
« Reply #3 on: August 01, 2011 01:47:59 AM »
One similar to the one on this forum which I pasted below.




Your Name
Your Address
Collector's Name
Collector's Address
RE: [insert account number or name of account or name of debt]:
Dear [insert collector's name or company name],
This letter is in response to your [letter dated xx-xx-2005] (copy enclosed) or [phone call on xx-xx-2005], concerning the collection of the above referenced [account or date].
I do not believe I owe what you say I owe therefore I dispute this debt. I am well aware of my rights under the Fair Debt Collection Practices Act (FDCPA) and my state laws so I hope to save both of us a great deal of time by letting you know that not only do I dispute the validity of this debt, I have also checked with my State Attorney General and verified that the Statute of Limitations for enforcing this type of debt through the courts in (insert your state or the state in which the contract was signed) has expired. Therefore, should you decide to pursue this matter in court I intend to inform the court of my dispute of this debt and that the "statute of limitations" has expired.
This letter is your formal notification that I consider this matter closed and demand that you, or anyone affiliated with your company, stop contacting me regarding this or any other matter except to advise me that your debt collection efforts are being terminated or that you or the creditor are taking specific actions allowed by the FDCPA or my state laws.
Be advised that I consider any contact not in accordance with the Fair Debt Collection Practices Act a serious violation of the law and will immediately report any violations to my State Attorney General, to the Federal Trade Commission and, if necessary, take whatever legal action is necessary to protect myself. Be advised that I tape record all phone calls and violations of the FDCPA can result in you or your company being personally fined up to $1,000 per incident.
   

(Sign above name)
Printed Name
If it is beyond the SOL the the only letter you need to send is this

Dear scumbag,

FOAD

Consumer


kevinmanheim

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Re: Should I send Statute of Limitations letter?
« Reply #4 on: August 01, 2011 01:48:06 AM »
In which state do you live?

Where are you considering moving?

winstonguy

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Re: Should I send Statute of Limitations letter?
« Reply #5 on: August 01, 2011 02:21:22 AM »
I am in NC and thinking of taking a job in TX.

coltfan1972

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Re: Should I send Statute of Limitations letter?
« Reply #6 on: August 01, 2011 02:24:01 AM »
Well I would not send that letter.  It is full of empty threats and wrong info like 1K per violation. 

If you're sure, and I mean very sure taking into account any tolling, that the SOL is up, why not invite them to sue you. 

What possible reason is there to let them know the statute of limitation has expired.  That's like holding a royal flush in a poker game and showing your opponent so they won't bet into you and lose their money to you.  Let them find out in court with a counterclaim or your own suit if they sue you.

In two states there is even a statute of repose completely extinguishing the debt and making it a violation to even ask for payment on an out of statue debt.  (Mississippi, and Iowa or Minnesota I believe). 

You have what is known as an absolute defense. 

It is also very understandable some don't want to have to deal with this or don't look forward to court.  There is nothing wrong with that.  If that is the case, then a FOAD letter or this type letter might be in order.

Dear Creditor,

Please be advised, I demand you have no futher contact with me by any means.  Please be advised any debt you say I owe is disputed in it's entirety. 

Thank you,

Your name here

Leave off the empty threats and the parts about saving us both a lot of time.  That is just chest bumping posturing.  It has it's place sometimes in the system, but this is not one of them. 

Never beg a creditor to obey the law or teach a creditor the law.  They should already know the law.  If they don't want to comply it's their choice.  FDCPA is strict liability.  They can't unring the bell if they contact you after your letter.

The FDCPA does not require you give a reason for your dispute or state an affirmative defense or absolute defense in any do not contact letter. 

 
Scroggin succeed in making this case an expensive nightmare for both CBOJ and its counsel.

Scroggin made a "mockery" out of CBOJ's deposition.

Scroggin made perverted "one-liners" during his deposition!!

Scroggin called CBOJ'S counsel "a little witch!!"

Scroggin has engaged in the exact type of behavior the FDCPA was designed to prevent.

Scroggin used the FDCPA as a "sword of intimidation!!"

Rebecca Worsham - Lead Counsel, Scroggin v. CBOJ, 3:12-cv-128 SWW, Eastern District of Arkansas.

coltfan1972

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Re: Should I send Statute of Limitations letter?
« Reply #7 on: August 01, 2011 02:28:11 AM »
Your correct about 4 years for Texas on the statue of limitations. 

So now the 64,000 dollar question, why would you want to wake the sleeping giant when your getting ready to move from the protection of a three year statue. 
Scroggin succeed in making this case an expensive nightmare for both CBOJ and its counsel.

Scroggin made a "mockery" out of CBOJ's deposition.

Scroggin made perverted "one-liners" during his deposition!!

Scroggin called CBOJ'S counsel "a little witch!!"

Scroggin has engaged in the exact type of behavior the FDCPA was designed to prevent.

Scroggin used the FDCPA as a "sword of intimidation!!"

Rebecca Worsham - Lead Counsel, Scroggin v. CBOJ, 3:12-cv-128 SWW, Eastern District of Arkansas.

cprems

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Re: Should I send Statute of Limitations letter?
« Reply #8 on: August 01, 2011 05:39:41 AM »
If the SOL is up on these debts where the OP lives, from my understanding the SOL is expired no matter where the OP lives.

FYI:

If you take the job in Texas, understand that the residency requirement for this State is one year before the Texas consumer laws will take effect.

Also know that the Texas law - specifically the TFC392 & BCC17 are very consumer friendly and validation under the TFC392 can be demanded at anytime. Validation must be sent within 30 days of a written dispute.

Good luck and good hunting.


Your correct about 4 years for Texas on the statue of limitations. 

So now the 64,000 dollar question, why would you want to wake the sleeping giant when your getting ready to move from the protection of a three year statue.
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kevinmanheim

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Re: Should I send Statute of Limitations letter?
« Reply #9 on: August 01, 2011 10:55:01 AM »
I am in NC and thinking of taking a job in TX.
You live in a state with a law that makes it illegal for an OC, JDB or CA to even ask you about a debt that is out of SOL.

If it were me, I would call each out of SOL debt owner. I would record the call and ask them why they are reporting an item on my credit report. See if they tell you.

Your state law:

Quote
75‑55.  Unconscionable means.

No debt collector shall collect or attempt to collect any debt by use of any unconscionable means. Such means include, but are not limited to, the following:

(1)        Seeking or obtaining any written statement or acknowledgment in any form containing an affirmation of any debt by a consumer who has been declared bankrupt, an acknowledgment of any debt barred by the statute of limitations, or a waiver of any legal rights of the debtor without disclosing the nature and consequences of such affirmation or waiver and the fact that the consumer is not legally obligated to make such affirmation or waiver.

The penalty is $500 to $4000, paid to you upon winning in court.


If you move to TX, you will also have powerful consumer protection laws on your side, but not with the same out of SOL protection.

winstonguy

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Re: Should I send Statute of Limitations letter?
« Reply #10 on: August 01, 2011 01:29:00 PM »
WOW thanks everyone. Some really useful information. I am going to start cleaning up my credit report now also.

coltfan1972

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Re: Should I send Statute of Limitations letter?
« Reply #11 on: August 01, 2011 07:04:44 PM »
Note the language in the statute does not give them a free pass just because you might make the first contact on the issue. 

I can already hear the defense that they called us to start a conversation on the matter. 
Scroggin succeed in making this case an expensive nightmare for both CBOJ and its counsel.

Scroggin made a "mockery" out of CBOJ's deposition.

Scroggin made perverted "one-liners" during his deposition!!

Scroggin called CBOJ'S counsel "a little witch!!"

Scroggin has engaged in the exact type of behavior the FDCPA was designed to prevent.

Scroggin used the FDCPA as a "sword of intimidation!!"

Rebecca Worsham - Lead Counsel, Scroggin v. CBOJ, 3:12-cv-128 SWW, Eastern District of Arkansas.

Crosseye

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Re: Should I send Statute of Limitations letter?
« Reply #12 on: August 02, 2011 12:50:11 AM »
Isn't reporting a debt that is beyond the SOL on a credit report, an offense regardless of the state you live?
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NotBonJovi

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Re: Should I send Statute of Limitations letter?
« Reply #13 on: August 02, 2011 12:59:04 AM »
Isn't reporting a debt that is beyond the SOL on a credit report, an offense regardless of the state you live?

The SOL for reporting is not the same as the SOL for suing.

The OP is referring to the latter.
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Re: Should I send Statute of Limitations letter?
« Reply #14 on: August 02, 2011 01:45:44 AM »
SOL will be governed by law governing the agreement or the state where you lived at the time of the agreement or breach.  Moving does not change that.  I would not send the letters unless they are harassing you.  Then consult an attorney and ask if they will send a letter for you and file a FDCPA lawsuit on a contingency fee basis.  If the creditor sues you, file an answer asserting statute of limtiations as an affirmative defense and you should be able to get an attorney to represent you on a contingency fee basis for the FDCPA or you can assert it yourself.



This i s not legal advice and does not create an attorney client relationship.