Old elec bill

[Anonymous]

Thank you for the replies. I know the original debt from the electric company was valid, has been paid (but was paid several mths after account was closed), but I don't have any proof that I paid due to the flood and moving. I lost most of my old records during that time.

I've been trying to think back and pin point the exact time the account was closed. I will have to do a bit more "memory digging" to figure it out. So for now, I will not contact them or respond to them at all.

Not taking my credit report into account, would the SOL for this type of debt fall under the "3 years" that MS seems to have for debt? And if it does, that would mean they can't legally persue payment, correct?

[Anonymous]

Threadjacking suppression fire.

tidbit1,

Send a DV letter to ERS. Even if I knew a debt was from 1979, I'd still always send a DV letter rather than a C&D. IMHO, it's easier for them to violate § 809 than § 805.

[Anonymous]

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@Anonymous wrote:

Thank you for the replies. I know the original debt from the electric company was valid, has been paid (but was paid several mths after account was closed), but I don't have any proof that I paid due to the flood and moving. I lost most of my old records during that time.

I've been trying to think back and pin point the exact time the account was closed. I will have to do a bit more "memory digging" to figure it out. So for now, I will not contact them or respond to them at all.

Not taking my credit report into account, would the SOL for this type of debt fall under the "3 years" that MS seems to have for debt? And if it does, that would mean they can't legally persue payment, correct?

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Just because a debts SOL has expired does not mean you do not still owe the debt.  SOL is the time frame they have to sue you.  You would use expired SOL as a defense.    They can legally attempt to collect on the debt forever.

That is why I suggested the C and D letter.  Then they can no longer contact you.

[Anonymous]

It's true that with a C&D the CA can never contact you again, except:

(1) to advise the consumer that the debt collector’s further efforts are being terminated;
(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or
(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

Before you C&D, you'd be danged sure you're beyond SOL. It might well invite a lawsuit. Also, if you C&D, it can make it tricky negotiating away one's adverse TLs via a PFD. The CA can be a pinhead and stand on "You sent us notification under § 805 to cease communication." Just because a CA isn't reporting to the CRAs today, doesn't mean they won't start tomorrow.

[Paxx]

Also be mindful that a DV letter has to be sent to the CA within 30 days of receiving the dunning letter so if you're going to send to in preparation for your next letter, send it now.