Need Some Help

[Anonymous]

Long time reader...first time poster A DC called my wife's parents house, so I called them and they are serving me this Tuesday. They said they have sent notices to an address I haven't lived at for 10yrs!! They said it was too late and they were going forward with it. They said the acct was opened 5/02 and the DOFD was 3/04. SOL in KY is 5yrs so it would still be under it. Here's the problem; I did have an acct with the OC, but it was opened 6/01 and DOFD was 4/02. I have a CR about a year old and a current one that supports this. I should be protected by my states SOL. In no way did I validate this debt over the phone. Oh, he did say he reached someone at my old address and they said, "do what you have to do". What sould my course of action be send a DV to the CA or just go ahead and see a lawyer. Thank you

[Anonymous]

They also said the acct balance is $1748. On my CR's it says $488 as current balance.

[RobertEG]

My advice is to substantiate, with your own records, your true DOFD.  I would never rely on what is reported in a CR or asserted by a CA as the DOFD.  These dates are reported soley by the OC, and are often reported innacurately.  In your CR, the DOFD is stored as the "FCRA Compliance Date" code.

If your records show that the first date of delinquency in the last consecutive chain of delinquencies that led to the current collection activy was in 04/2202, then you willl probably be outside of the state SOL of 5 years, if you made no subsequent admission of the debt or made any payments on it.  I would notify the CA that the account is outside of the SOL, and demand their immediate cessation of collection activity.

If they still choose to bring suit, your CR will not be the legal evidence that the court will use.  Bring your records to court with you.

[Anonymous]

SOL goes by DOLA, usually date of last payment or charge on the account.

They will have to prove this in court. When you are served, make sure in your answer that you believe this debt is time-barred.

Is the CA reporting? What dates are they reporting, if they are?

Kentucky State Statutes

[Anonymous]

No, I have not found any TL's from this CA, only the OC. I have found the receipt from the day I opened the account dated 6/24/01. Also a bill from a few months later. I'm going to do some further digging and find bills that support DOFD as 2002. Could they somehow have reaged this?

Message Edited by drz3345 on 09-12-2008 07:00 PM

[Anonymous]

They could have. However, they have the burden of proof when it comes to court.

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drz3345 wrote:
No, I have not found any TL's from this CA, only the OC. I have found the receipt from the day I opened the account dated 6/24/01. Also a bill from a few months later. I'm going to do some further digging and find bills that support DOFD as 2002. Could they somehow have reaged this?

Message Edited by drz3345 on 09-12-2008 07:00 PM

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