Hiya, Macnineandfab!
The CA seems to be totally out of line. Both the FCRA dropoff date and your state SOL for suing for the debt appear to have long since expired.
No, they cannot!
No one may post any derog to your CR for any CO or CA that exceeds 7 1/2 years from the first date of the first delinquency in the chain that led up ot the CO of CA. Being 10 years after the date of first dilinquency (DOFD, if they post anything to your CR, file an immediate dispute with the CRA to have it deleted.
Then consider legal action against the CA for false action under the FDCPA for unfair debt collection practices.
To build your case, if it should come to that, send them am immediate Debt Validation (DV) letter under the FDCPA. asking them to document to you:
1. The date, amount, and name/address of the creditor they are acting in behalf of,
2. Their legal authority to act as an agent of the original creditor (OC), and
3. Documentation of their bonding authority in your state to act as a collection agnecy.
In that letter, also advise them that your state SOL for collection of this debt has long expried (if it has), and that that they should cease and desist from any further communication with you. (I assume that that you have made no prior settlement offers with the OC or CA that may have reset the tolling of your state SOL?)
Do NOT discuss in your DV letter any responsibility for the debt,
Message Edited by RobertEG on
09-10-2008 11:47 AMMessage Edited by RobertEG on
09-10-2008 11:54 AMMessage Edited by RobertEG on
09-10-2008 11:58 AM
