Thread: Ummm... OK???

First of all, if they call you, HANG UP! Talking to them will do absolutely nothing for you!

Second, this debt is WELL past the statute of limitations, no matter what state you are in. Send them a cease and desist letter pronto. Send it certified return receipt. After they receive the letter, they are allowed to contact you one more time to let you know what they intend to do. They may threaten to sue. Great, let them sue. Being past the statute of limitations is an absolute defense. You do not have to prove anything but that the SOL is up. Case dismissed.
If they continue to try to collect after they receive the letter, SUE. If they place a negative trade line on your credit reportafter they receive the letter, SUE.

I would also recommend checking your credit report to see if they have already reported.

Also, check out these sites: www.artofcredit.com, www.creditnet.com, www.creditboards.com


«Your Name»
«Address1»
«Address2»
«City», «State» «Zip»

«Company»
«Address1»
«Address2»
«City», «State» «Zip»

«Date»

RE: Account #_________/Original Creditor’s Name

Dear Sir/Madame:

This will serve as your legal notice under federal law, "The Fair Debt Collection Practices Act," to cease all communication with me in reference to the above account. If you fail to heed this notice, I will file a formal complaint against you with the Federal Trade Commission responsible for enforcement, the state Attorney General’s Office, as well as the American Collector’s Association which monitors for noncompliance.

Should any adverse items be placed on my credit report as a result of this notice I will be forced to seek legal action against you and your client.

Sincerely,

«Signature»
«Your Name»

Justinenycole is correct. I just helped one of my guys through this. The next time someone calls, get their name and address of the company. Tell them that you have all of the paperwork saying that the debt was forgiven and you want to send it overnight so that there is a record of when it was sent and who signed for it.

Instead send a cease and desist letter. After that point they can do absolutely nothing to you.

Your name and account popped out on a computer run off and there is notation that it was forgiven. Don't pay out a penny.

Thanks everyone!

Thank you Justinenycole for that letter... I copied it to send out tomorrow

NP! Just don't forget to send it CRRR. You need to establish a paper trail just in case they do not take the hint.

If they continue to contact you, I would be happy to help.