Do I DV a dunning notice for debt outside of SOL?

Anonymous · ‎08-04-2010

I just received a notice from First National Collection Bureau, Inc for a debt they allege I have from an Applied Bank (formerly Cross Country Bank). First, I'm almost 100% sure the debt was paid (as I applied for a credit card from them a couple years ago), I just need to find the documentation in my storage unit. Secondly, the charge off was back in 2000 and the account hasn't shown up on my credit report for several years. I live in Wisconsin and know that the SOL is six years so it is definitely past that. I know that, should they try to sue for the alleged debt, that I would win, but I'd like to try to make sure that this collection doesn't somehow show up on my credit report. It isn't as of yet, but I've worked hard to rebuild my credit. Any advice would be greatly appreciated.

Thank you!

Anonymous · ‎08-04-2010

You can DV it if you want I would just try leaving it alone and see if they keep harassing you... do find your paperwork from storage just to cover yourself just in case things get nasty. This thing is past Sol for everything. The account won't pop back up on your CR it's reporting time came and went they are just trying to see if they can get a dime outta you but they are you know what outta luck they have nothing.

If they do persist you can send them cease and desist letter make sure you recollect your paperwork because you got multiple possible defenses going on ... it's outside of sol and you possibly paid it. If you find that paperwork you should be all set and be able to rest easy. Their threat will seem minor to you.

guiness56 · ‎08-04-2010

I would send them the C and D letter. They are a JDB trying to get money from a past SOL debt. They are hoping you don't know the laws and will pay them.

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Anonymous · ‎08-04-2010

Thank you for the advice, I appreciate it! I thought it might be best to leave it be and ignore it but I wasn't sure. I will find the documentation, though, should they ever try to pursue it further.

guiness56 · ‎08-04-2010

There is really nothing they can legally do, except keep sending dunning notices and calling you.

I would watch my CR just to make sure they don't try anything.

A C and D would have them stop communicating with you altogether, mail or phone calls.

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Anonymous · ‎08-04-2010

@guiness56 wrote:
There is really nothing they can legally do, except keep sending dunning notices and calling you.

I would watch my CR just to make sure they don't try anything.

A C and D would have them stop communicating with you altogether, mail or phone calls.

Yeah there is they can take it to court ... they can even get a defualt judgement if the poster failed to show up. This just means the poster can use the fact that it's outside the sol as a defense. This is why they should re attain the paperwork so they know that they are covered in case things go that route. I'm not saying that it will but this offers a guarantee. C&d can stop direct communication with one last letter if they do persist but it does not prevent a lawsuit.

Her paperwork is also her defense in any future credit reporting done on behalf of this CA so like I said before they finds the paperwork from storage with proof of the expirations the poster should be all set.

guiness56 · ‎08-04-2010

I

@Anonymous wrote:
@guiness56 wrote:
There is really nothing they can legally do, except keep sending dunning notices and calling you.

I would watch my CR just to make sure they don't try anything.

A C and D would have them stop communicating with you altogether, mail or phone calls.
Yeah there is they can take it to court ... they can even get a defualt judgement if the poster failed to show up. This just means the poster can use the fact that it's outside the sol as a defense. This is why they should re attain the paperwork so they know that they are covered in case things go that route. I'm not saying that it will but this offers a guarantee. C&d can stop direct communication with one last letter if they do persist but it does not prevent a lawsuit.

Her paperwork is also her defense in any future credit reporting done on behalf of this CA so like I said before they finds the paperwork from storage with proof of the expirations the poster should be all set.

They can take the OP to court without a C and D.

Nobody told the OP not to retain anything.

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Anonymous · ‎08-04-2010

@guiness56 wrote:

They can take the OP to court without a C and D.

Nobody told the OP not to retain anything.

Never said they couldn't ... what i did say was wait to see if they keep persisting. No mis information here. I don't remember telling the OP they couldn't take it to court as they were informed so earlier.

Anonymous · ‎08-04-2010

@Anonymous wrote:
You can DV it if you want I would just try leaving it alone and see if they keep harassing you... do find your paperwork from storage just to cover yourself just in case things get nasty. This thing is past Sol for everything. The account won't pop back up on your CR it's reporting time came and went they are just trying to see if they can get a dime outta you but they are you know what outta luck they have nothing.

If they do persist you can send them cease and desist letter make sure you recollect your paperwork because you got multiple possible defenses going on ... it's outside of sol and you possibly paid it. If you find that paperwork you should be all set and be able to rest easy. Their threat will seem minor to you.

If they sue, it's a FDCPA violation. $1k

When one has the SOL on their side, any other defense is irrelevant.

RobertEG · ‎08-04-2010

I agree with daboss.

As for credit reporting, there is one and only one date certain you have to worry about. Ignore totally anything the CA has or might report.

Just go back to your records on the original creditor account, find the date of first delinquency on the OC account that preceded the CA, and that one date-certain prevents any reporting done by a CA to your credit file from being included in any credit report that the CRA issues after 7 1/2 years from that single DOFD on the OC account. FCRA 605(c).

Your concern is not whether the CA decides to report to a CRA, They always have the right to do that, forever. Your concern is only with what the CRA can legally include in your CR.

As for SOL, in most cases, the CA is even more ignorant of the prevailing SOL statute for your potential defense of any legal action they might bring on the debt than the consumer.

They dont know the state where the contract was signed, and maybe not even your current state of residence. Which venue do they bring legal action in?

What resets of running of the SOL are provided in the state under which the venue of the legal action is initiated? If your state does not provide for SOL resets based on later dates of activiities, such as payments or offers to pay, then expiration of 7 1/2 years from your DOFD on the OC account will probably give you an instant SOL defense agaainst any prevailing of SOL expiration periods under your state law that dont exceed 7 years. They could sue, but with a high probability, if they are awarre that you know what SOL is, that they wont sue.

Sending a DV letter will only reap you the benefit of requiring them to cease active collection activities until they respond. If they arent hassling you now with repetetive phone calls, etc little is to be gained by a DV. Once any collection calls become a nuisance, then just send them a cease and desist letter under FDCPA 805(b),(c).