Finally going to do something but need some guidance.

[Anonymous]

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The acct that has a balance is being collected by a CA "Palisades".  Not sure who the OC is.

Due: $373

Status is 120+Days past due

Status as of [?] Jul, 2008

Date opened [?] Not Reported

Date of last activity [?] Nov, 2002

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Rading reading and reading.  So the DOLA, which is 11/2002 for this account is past the SOL for California...4yrs.  Am I correct in assuming that this should be off my CR?

[upinflagstaff]

Reporting date is 7-7.5 yrs from date of first delinquency. SOL is whether they can sue you and win, not how long it will report.

[Anonymous]

OIC, thanks.

So with the situation I'm in what would be the best course of action to take?

[Anonymous]

In my view, the best course of action is always starting with a DV - unless they have something with your signature that proves you received their notice of the collection effort more than 30 days ago.

So, this morning I pull my CR for the first time and I find a collection and it's not mine - either I sit around waiting for it to fall off, or if I need credit, I dispute via a DV to the CA, then a second DV, then with a request to CRA to delete, and eventually with an ITS to the CRA.

(BTW, today the last collection on the last CRA fell off 24 hours after receiving my ITS)

Let me know if you need more information on how to proceed.

[RobertEG]

gnetiv, if they noticed you of their CA, and you did not open the envelope or respond within 30 days, that relinqueshes your rights under the FDCPA to REQUIRE a response to a DV request.

But that does not preclude you from still doing it now.

They may choose not invoke their FDCPA rights, and respond.  But if they so choose, they have no legal obligation to do anything more than ignore it.

Give it a shot.

[Anonymous]

Ok sounds good all.  I'll start w/ the DV and go from there.  I have this sample DV that I found on a website.  I have read here that sometimes it's best to keep it simple.  I 'll post the letter and please let me know if this looks good or should I go with some thing else:

Name

Address

Palisades

Todays Date

Re: Account # XXXXX

Dear Collection Representative,

This letter is being sent to you in response to a conversation we had on XXXXXX. This is not a refusal to pay, but rather a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.

This is not a request for verification or proof of my mailing address. This is a request for validation made pursuant to the above named Title and Section. I request that your office provide me with legitimate evidence that I have any legal obligation to pay you.

Please provide me with the following:

*What the money you claim I owe is for;
*Explain and show how you calculated what you say I owe you;
*Provide me with copies of paperwork showing that I agreed to pay what you claim I owe;
*Provide a verification or judgment if applicable;
*Identify the original creditor;
*Prove the Statute of Limitations hasn’t expired on this account;
*Show me that you are licensed to collect in my state;
*Provide me with your license numbers and Registered Agent;

I must also inform you that if any of your offices has reported invalidated information to any of the three major Credit Bureau’s (Equifax, Experian, TransUnion) this action may constitute fraud under Federal and State Laws. If any negative mark is found on any of my credit reports by your company I will have no choice but to seek legal action against your office for the following:

*Violation of the Fair Credit Reporting Act
*Violation of the Fair Debt Collection Practices Act
*Defamation of character

During this validation period, if you take action which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing of any information to a credit reporting repository which could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be documented, considered harassment, and I will have no choice but to seek a legal course of action against your office. All future communications with me must be done in writing and sent to the address noted in this letter by USPS.

Best regards,