CA Not Reporting Repo.. What to do?

[JohnPTEX]

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@AZHeather wrote:

Robert:

Out of curiousity - Is filing the lawsuit considered "collection activity"?  If you send a DV are they then barred from being able to sue even if they are still within the SOL?  If so, if they never respond to the DV are they then barred from ever being able to sue you?

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Two different laws and no res judicata - one for state based breach of contract and one governed by federal credit reporting - sending a DV letter will not foreclose their ability to puruse their legal remedies in state court (supposing there is in fact a valid contract)

[pizzadude]

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@SR23 wrote:

Maybe a better option might be to GW Chase? I'd like to get it removed any way I can. It was a pretty messed up situation, seeing how I was only 41 days behind on the loan. They came to get the car at 3am, on the day (I know this sounds convenient) I was going to bring the account current, since it was payday. I called them up that morning around 9am and offered the payment, and they told me no. I must've caught the guy on a really bad day..

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If you haven't paid it then your odds of GW will be much lower.    Chase might still own the debt and they might restart collection activites when you contact them.

I wouldn't touch it if I were you.

[JohnPTEX]

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@pizzadude wrote:

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I wouldn't touch it if I were you.

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+1 - This is my take on it as of now as well

[RobertEG]

That issue has come up over and over in pending litigation, and the courts usually hold that the sending of a DV does compel the debt collector to provide debt verification prior to proceeding with the litigation, but does not bar their ability to sue.  The judge often grants a period of a month or so for the debt verification to be provided prior to proceeding with the litigation. 

[SR23]

Thanks for all the advice, everyone. I think I'll take the consensus advice and leave it alone for now. Hopefully it falls off without incident and the CA keeps forgetting to report.