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Received letter from CA about 9-year-old Virginia tax debt...

Frequent Contributor

Received letter from CA about 9-year-old Virginia tax debt...

Hello!

 

I got a call this morning from an unknown # with a local area code, and it was a CA calling about a supposed tax debt I owe Virginia (I lived there several years ago when I was in the Army...but the state I pay taxes in has always been California).

 

I'm not aware of any taxes that I owe, but I did buy a car when I lived in Virginia.

 

But this debt is almost 10 years old!  I looked it up and from what I deduce, the statute of limitations here is 3 years.

 

I did receive a Delinquent Debt Notice from this CA (Diversified Collection Services, Inc.) last week.

 

I checked all 3 reports this morning and this debt is not reporting and there are no recorded tax liens.

 

I'm not sure how to proceed.  I would like to know what exactly this supposed tax debt is all about...and why they are contacting me so far out of the statute of limitations.

 

And ideas how I should proceed?  I was considering sending a DV Letter, but I am terrified of inadvertently resetting the SOL or doing something silly.

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Valued Contributor

Re: Received letter from CA about 9-year-old Virginia tax debt...


treski wrote:

Hello!

 

I got a call this morning from an unknown # with a local area code, and it was a CA calling about a supposed tax debt I owe Virginia (I lived there several years ago when I was in the Army...but the state I pay taxes in has always been California).

 

I'm not aware of any taxes that I owe, but I did buy a car when I lived in Virginia.

 

But this debt is almost 10 years old!  I looked it up and from what I deduce, the statute of limitations here is 3 years.

 

I did receive a Delinquent Debt Notice from this CA (Diversified Collection Services, Inc.) last week.

 

I checked all 3 reports this morning and this debt is not reporting and there are no recorded tax liens.

 

I'm not sure how to proceed.  I would like to know what exactly this supposed tax debt is all about...and why they are contacting me so far out of the statute of limitations.

 

And ideas how I should proceed?  I was considering sending a DV Letter, but I am terrified of inadvertently resetting the SOL or doing something silly.


DV letter would be the way to go.

3-26-15: FICO EXP: 828 - EQU:820 - TRAN: 828 - AVG: 825 +275 points from JUN 2008 - MY CREDIT JOURNAL

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Community Leader
Epic Contributor

Re: Received letter from CA about 9-year-old Virginia tax debt...

It is most likely not appearing in your CR because the date of the adverse item is more than 7 years ago, and thus barred from credit report inclusion under FCRA 605(a)(5), whatever it is.

 

As for identifying what the debt is for, that is one of the reasons for FDCPA 809(a) and (b).  To assist the creditor in identifying the source of any debt alleged to be due by a debt collector.

 

To assure you have the information you want, sections 809(a) and (b), in addition to requiring disclosure of your debt validation rights, imposes three very important requirements on a debt collector.

1.      They most notify you by formal collection notice of their activities within 5 days of initial communication with you.

2.  In that notice, they must disclose to you who the current creditor is.

3.  If that still is not enough info for you to clearly identify the source of the debt, section 809(b) additionally affords you the right, in your DV letter, to require disclosure of the name and address of the original creditor.

 

All of that should give you timely and full information as to the source of the debt.

 

If you DV, be sure to include the additonal request for the name and address of the OC.

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