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Help.. Reappearing Jefferson Capital collection account. so confused

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Anonymous
Not applicable

Re: Help.. Reappearing Jefferson Capital collection account. so confused

Another question,

 

I am in alabama and I am having a hard time establishing the difference in SOL here.

Collections are 3 years. Since I am sending a DV to the collection agency, does this apply?

Or is this a contract? (which is 6 years here )

 

When can I send a DV?

Is it too late for this?

Message 11 of 20
llecs
Moderator Emeritus

Re: Help.. Reappearing Jefferson Capital collection account. so confused


@Anonymous wrote:

Another question,

 

I am in alabama and I am having a hard time establishing the difference in SOL here.

Collections are 3 years. Since I am sending a DV to the collection agency, does this apply?

Or is this a contract? (which is 6 years here )

 

When can I send a DV?

Is it too late for this?



SOL is the time frame a creditor has to sue you. It has nothing to do with reporting. The only time SOL should enter your mind is if you are tackling a debt that is inside SOL and you don't have the $$$$ saved to pay in full, if you had to. You wouldn't want to start sending letters on an unpaid debt and have them sue instead (it happens).

 

DV letters are allowed by law through the Fair Debt Collections Practices Act (FDCPA). In that law, DV letters only go to collection agencies. By law, a collection agency must send you a letter called a dunning letter and that outlines that you owe so-and-so money, by how much, and they also must tell you that you have "30 days to dispute the validity of this debt..." and so on and so forth. By the law, you now have 30 days to mail a DV letter to them. They must respond with the OC's name, contact info, balance owed, and a copy of the judgment if sued already.

 

If you are past the 30 days, then legally, your DV means nothing. However, IME, most CAs will respond fairly quickly if you were to send them one.

 

There's an SOL on everything ranging from murder, to burglary, to parking tickets, to unpaid student loans. In the realm of credit, it's generally broken down by 4 areas: 1) Open (as in open-ended) which include CCs, 2) Written (e.g. medical, phone debt, utilities if a contract was signed, etc.), 3) Promissory (e.g. loans), and 4) Verbal which isn't that common within these forums. If you are asking about SOL-type, and are referring to Jefferson, then it would be under Open because the debt was a CC.

Message 12 of 20
Anonymous
Not applicable

Re: Help.. Reappearing Jefferson Capital collection account. so confused

This debt is a old bank account. This would be a open end right? Is sending a DV the correct route to go?

They have sent me letters to settle (something about a credit card sounds like a scam to me) I have ignored these. I have not gotten any within the last 6 month or so. I am just confused as to what step I need to take now. I have already disputed them with all 3 CRAS they say they were validated. This was sometime last year and I did it online Smiley Indifferent

Message 13 of 20
Anonymous
Not applicable

Re: Help.. Reappearing Jefferson Capital collection account. so confused

I think I better leave this one alone. I am still in my SOL. Think I am going to call them and try to settle both accounts or PFD. I have two. Your thoughts?

Message 14 of 20
llecs
Moderator Emeritus

Re: Help.. Reappearing Jefferson Capital collection account. so confused

I personally would err on the side of caution and say written. Whenever I opened deposit accounts, I always had to sign an agreement. Now some have a separate SOL for bounced checks (assuming that was the cause) or for overdrawn accounts by itself. I would look up the law to see if there's any special provision for that. Otherwise, assume written.

 

If I were inside SOL and I had the $$$ saved to PIF if I had to to stop a judgment, then I'd send a DV. If you disputed, they were alerted to your address and other contact info anyway by the CRAs. If they are asleep, they've only been asleep for less than a year.

 

If the CA verified and I agreed as a result from the DV, then I'd mail a PFD.

Message 15 of 20
llecs
Moderator Emeritus

Re: Help.. Reappearing Jefferson Capital collection account. so confused


@Anonymous wrote:

I think I better leave this one alone. I am still in my SOL. Think I am going to call them and try to settle both accounts or PFD. I have two. Your thoughts?



Calling them or writing them will wake them up. If you are willing to do that, then don't worry about SOL at all. Always mail a DV before offering a PFD.

Message 16 of 20
Anonymous
Not applicable

Re: Help.. Reappearing Jefferson Capital collection account. so confused

Your a life saver. Thanks

Message 17 of 20
Anonymous
Not applicable

Re: Help.. Reappearing Jefferson Capital collection account. so confused

One more questions. What do you think of this DV?

 

 

 

 

I pulled my credit bureau report, and I discovered that you claim I owe you a debt. Under § 809 of FDCPA, send me validation of this debt. Please be advised that I am not refusing to pay.

In accordance with the FDCPA, I have the right to request for a validation of my debt. This is asking for proof regarding this and verifying the same.

Please attach copies of the following with the reply:

1. The agreement which authorizes the creditor to collect debt on the alleged debt.

2. The signed agreement from the debtor conforming to pay the creditor

3. The documents regarding the payments made on this account validating the amount.

 

Message 18 of 20
llecs
Moderator Emeritus

Re: Help.. Reappearing Jefferson Capital collection account. so confused

IMO, based on what the FDCPA says, the CA doesn't have to provide any of those 3. IMO, I'm one to keep it simple and I start by saying, "Per Section 809 of the FDCPA, please send me validation of this debt" or similar. You can alway sjump into round 2 with a request for more info and tailor and craft a DV around what your state might allow (there are some state laws that address DVing) and request info that you feel you need to prove to yourself that this is legit/not legit.

Message 19 of 20
Anonymous
Not applicable

Re: Help.. Reappearing Jefferson Capital collection account. so confused

Cool thanks. I will revise this. Keep it simple and see what happens.

Message 20 of 20
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