01-21-2010 04:56 PM
I'm really confused as to why I received a collections letter last week from a collection account that I last received a letter
from in April 2001. That is the last time I had heard about this account. It currently does not show up on my credit report,
but I do not want it to get there either, as I've been working really hard to work towards a mortgage by clearing up other
My question is, can this collections company send me a letter 9 years after I've last heard about this account?
The account numbers are the same, as I have the last collection letter that I found in old files, however the balances
are different. The old letter says I owe $2,533.82, the new one says $1,991.21, and this is not a settlement offer,
it's the balance listed on the account.
I'm really confused and not sure what to do, can someone offer advice?
I'd be happy to answer any questions that may help get a resolution to this,
01-21-2010 06:10 PM
First, unpaid debt never goes away, so they are within their rights to attempt collection forever.
However, they cannot post a collection to your CR after 7 1/2 years has expired from the date of first default on the original creditor account.
So dont worry about it appearing in your CR.
Secong, while they can attempt collection, if the SOL has expired, they wont be able to obtain any legal judgment, so they would be kinda foolish to sue.
What the CA is relying upon is your ignorance.
You can just ignore it with no response whatsover.
However, if I were you, I would send the following letter, without mentioning any of the above issues:
"This is written notice under FDCPA 805(c) that I refuse to pay this alleged debt, and that you are to immediately cease any all communication with me regardng the debt. This includes any communiction in writing, by telephone, or any electronic media.
"This is further notice under FDCPA 805(b) that you are to additionally cease any communication with any third party concerning this debt."
01-21-2010 06:34 PM
Thank you RobertRG, that's super helpful. I was sure of the process of
CA especially after the SOL has run out. I thought it was funny that I
received this 'new' collection notice after so many years, just wasn't
sure how to handle it.
I do have one other collection on my account from RJM Acquisitions,
who I've been reading alot about on these forums, how they purchase
bad debt too and are not nice to deal with. This acount is on my CR
with a bal. of $2,292. They still send me letters to settle for 60% of
the bal, which a credit counselor told me was a 'good' offer. However,
still not sure what to do with that one either as I've read they're scammers too.
Any suggestions? This act. is also from a long time ago, but they seemed to
have purchased it just before the SOL was up. How clever. Would a PFD
work in this situation?
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