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New Member
boots302
Posts: 4
Registered: ‎04-10-2007

just received letter from collection agency trying to collect on a nine year old debt

I just received a collection letter from R J M Acquisitions Funding.
They are trying to collect an old account, The letter says the last payment date was June 9,1998
This account is not on my credit report .
My question is- 1-  Would that last payment date determine the SOL ?
                         2-If it has reached the SOL can they legally be trying to collect on it...and what do I need to do about it?
 
 
 
                                                                         Thank You
Regular Contributor
Bruiser
Posts: 209
Registered: ‎04-11-2007

Re: just received letter from collection agency trying to collect on a nine year old debt

[ Edited ]
Write them a letter as soon as you can. Use this format, and just replace the necessary areas. This will get them off your back. I've cleared a few collections using this method. I filed for bankruptcy and still had collections coming after me when they were included in my bankruptcy. I would also send a letter to the original company that sent your account to collections. State in detail about working something out, or if you don't owe the money, then state why. Just don't give the creditor any detail in the letter below. It is not required by law, and will just give them info you don't need to give them.



Dear R J M Acquisitions Funding,

Regarding collection on behalf of 'TYPE ORIGINAL COMPANY HERE' in the amount of $0.00.

I do NOT owe the amount in question and I will not deal with anyone other than the original creditor in this matter.

Under the FDCPA, you are hereby notified to cease and desist any and all further contact.

Account #:
Client #:

YOUR NAME

Message Edited by Bruiser on 04-11-2007 09:56 PM

Message Edited by Bruiser on 04-11-2007 10:07 PM
Senior Contributor
Noah_Bodie
Posts: 4,635
Registered: ‎03-11-2007

Re: just received letter from collection agency trying to collect on a nine year old debt

SOL is determined by the state where you live. The length of the SOL is determined by the state, and the state also determines whether DOFD or DOLA is the start of the SOL.
 
What state are you in? Finding the SOL length is easy. Finding whether it starts from DOFD or DOLA is buried in the statutes, possibly the regs, or maybe even in caselaw.
 
Correction. It's not on your credit report yet.
 
Photocopy the letter, save the original, and send them a debt validation letter also with the photocopy. There are form letters on creditboards, creditinfocenter, and other forums. Don't use 'em. Something simple and direct and without an attempt to sound like a lawyer works best.
 
"I received your letter in which you claim I owe you a debt. In accordance with FDCPA, I request validation that I owe you this debt."
 
Don't send 'em your SSN, DOB, phone number, or anything else.
 
Chances are good they will slink away. If not, repost here or feel free to PM me.
Senior Contributor
Noah_Bodie
Posts: 4,635
Registered: ‎03-11-2007

Re: just received letter from collection agency trying to collect on a nine year old debt

[ Edited ]
FWIW, sending a Cease and Desist notice is a bad idea--unless you know you're out from under the SOL. If you're still within SOL, then a C&D all but assures the collector will file suit.
 
Also, FDCPA (Fair Debt Collection Practices Act) is the relevant statute. I'm not really sure what FCCA. FCRA is the Fair Credit Reporting Act, but that's not really pertinent for validation.


Message Edited by Noah_Bodie on 04-11-2007 10:02 PM
Regular Contributor
Bruiser
Posts: 209
Registered: ‎04-11-2007

Re: just received letter from collection agency trying to collect on a nine year old debt

[ Edited ]
I had no problems with my C&D letters. But maybe it worked so well because I had filed for bankruptcy? I sent a total of 5 C&D letters and no suits were filed. And I never got another collection notice from any of them. Best Buy still shows as a bad debt/collection however. I'm trying to find out about that one.


FCCA stands for Federal Court Clerks Association. But it was a typo.

Message Edited by Bruiser on 04-11-2007 10:37 PM
Senior Contributor
Noah_Bodie
Posts: 4,635
Registered: ‎03-11-2007

Re: just received letter from collection agency trying to collect on a nine year old debt

Were any of the CAs trying to collect on accounts included in the bankruptcy? Were the accounts old and beyond the SOL? If so, then yeah a C&D would work. However, as I said, if one isn't out from under the SOL, then a C&D  all but assures they'll sue, if they can.

 

Did you C&D Best Buy? If so, then they aren't going to contact you. Cuts off communication, and that can be your friend. If you can catch 'em in violations of FCRA, or FDCPA in the case of collectors, then you gain leverage to threat a lawsuit to get a deletion.

Regular Contributor
Bruiser
Posts: 209
Registered: ‎04-11-2007

Re: just received letter from collection agency trying to collect on a nine year old debt

All of those 5 were trying to collect off of accounts that were included in my bankruptcy. It took me about 3 months to clean up my credit report after sending letters to the collection agencies, original creditors, and so on. Yeah, they were beyond the SOL.

I sent a C&D to Best Buy. How can I catch them in violation?
Administrator Emeritus
Barry
Posts: 4,386
Registered: ‎03-01-2007

Re: just received letter from collection agency trying to collect on a nine year old debt

[ Edited ]

Message deleted as it violates the FICO Forums User Guidelines:

Credit Repair

FICO Forums is intended to provide helpful and useful tips for managing credit and understanding FICO scoring. This is not the place to exchange credit repair advice that encourages consumers to provide untrue or misleading information to a credit bureau or lender for the purpose of raising FICO scores or otherwise improving credit ratings, credit histories or credit records. Such material may be edited or removed, and egregious or repeat offenders will be banned from future participation in FICO Forums.

Thanks for contributing to the Forums. -Barry



Message Edited by Barry on 04-12-2007 06:24 AM

Regular Contributor
dekrist
Posts: 170
Registered: ‎03-04-2007

Re: just received letter from collection agency trying to collect on a nine year old debt

Boots, my wife got one from RJM 2 weeks ago stating they are her new creditor this is from 1996!. we were advised to send a letter of validation we sent it certified mail, and kept a copy,and are anxiously awaiting there reply. which i doubt we will get. but anyway i think they call this a "ghost" collection. if they do reply we will dispute as it is pass the SOL. this is not on her credit report either.
Moderator Emeritus
Brammy
Posts: 5,436
Registered: ‎03-10-2007

Re: just received letter from collection agency trying to collect on a nine year old debt

If it was charged off that long ago: Okay write them a letter and tell them where to stick that collection.  Not Really.  There is no SOL past 7 yrs.  The item cannot be added back to your credit report as it would violate the FCRA.  They just don't think YOU know this.  Keep a copy of the notification with the date in case they DO try to stick it on your credit report and then sue the heck out of 'em if they do....
 
Zombies.... Debts that come back from the dead.

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