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SOL question-Asset Acceptance

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Tdbremer
Established Member

SOL question-Asset Acceptance

Asset acceptance filed suit against me in April 2013. The SOL occurred in June of 2013. I asked for them to validate the debt, they didn't and are still reporting on my CR. And they are showing DOFD of Jan 2014?

Are they in violation for reporting and for the inaccurate DOFD?

If I write them can they still pursue the suit even if the SOL is up with the filing in April ?

Don't want to anger the beast with a letter..,
Message 1 of 5
4 REPLIES 4
RobertEG
Legendary Contributor

Re: SOL question-Asset Acceptance

How and when did you request validation of the debt?

If your request for debt validation was sent to them within 30 days after their dunning notice, then yes, it invoked a cease collection bar on them, thus precluding any collection actiivity, iincluding reporting to a CRA, until they first provided the requested debt validation.

 

If your timely DV was sent prior to their filing of legal action, you can raise the issue with the court as to the propriety of their action while under a cease collection bar.

The court will determine if their filing was precluded by the cease collection bar.  Diffenrent courts have handled that issue different wayes, with some merely stayig the proceeding until they first provide validation.  With pending legal action, resolution resides with the court.

 

However, if your DV was not timely, it invoked no cease collection bar, and thus they have no obligation to respond, and no prohibition against continued colllection activities, including credit reporting and bringing civil action.

 

 

Message 2 of 5
Tdbremer
Established Member

Re: SOL question-Asset Acceptance

They sent me a letter after they filed and I responded in two days CMRRR.
Message 3 of 5
diesel2013
Contributor

Re: SOL question-Asset Acceptance

I was very succesful getting them deleted wtih a BBB complaint. I would recomming trying that.

Message 4 of 5
Tdbremer
Established Member

Re: SOL question-Asset Acceptance

I'm terrified to do ANYTHING! Don't need a judgement
Message 5 of 5
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