SOL Help

[ccarriii]

I recently started receiving phone calls and a letter from a CA about a credit card debt from 1998. Since the SOL has passed long ago, This hasnt been on my credit report in years. Should i send a SOL, DV or a cease & desist letter?

[Anonymous]

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@ccarriii wrote:

I recently started receiving phone calls and a letter from a CA about a credit card debt from 1998. Since the SOL has passed long ago, This hasnt been on my credit report in years. Should i send a SOL, DV or a cease & desist letter?

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While the SOL has passed and you can not be sued or have it reported on your credit reports no longer, the debt is still owed and they will always have the right to make an attempt to collect payment.

[hoping2rebuild]

That depends on the state you live in as well, here in NC we have a super SOL

which was part of the Consumer Protection act of 2009 which prohibits CA's

from trying to collect Zombie debts from NC residents.

[MarineVietVet]

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@Anonymous wrote:

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@ccarriii wrote:

I recently started receiving phone calls and a letter from a CA about a credit card debt from 1998. Since the SOL has passed long ago, This hasnt been on my credit report in years. Should i send a SOL, DV or a cease & desist letter?

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While the SOL has passed and you can not be sued or have it reported on your credit reports no longer, the debt is still owed and they will always have the right to make an attempt to collect payment.

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This is not quite correct. (Unless I am reading it wrong in which case I apologize). The SOL does dictate according to what state you live in how long a creditor has to successfully bring a lawsuit for unpaid debt but it is the CRTP (Credit Reporting Time Period) that states how long a negative can report. The two things are separate issues.

But you are correct that even after both the SOL and CRTP have expired the debt remains indefinitely and collection efforts can continue.

From a BK years ago to:
EX - 3/11 pulled by lender- 835, EQ - 2/11-816, TU - 2/11-782

"Some people spend an entire lifetime wondering if they've made a difference. The Marines don't have that problem".

[IOBA]

OP - what state are you in?   Chances are the SOL has passed as well for the debt, BUT things can reset the SOL or pause the SOL.   You probably don't need to worry about it.

What Marine said - the debt should NOT report on your CB ever again.   

[ccarriii]

Thanks everyone for your help.  I live in Cali. Seems like i learn something new on here everyday.  

[pizzadude]

You can ignore the letters from the CA, and if they are calling you, send them a CMRRR letter informing them to cease contacting you via phone.   If they keep calling they will be in violation of FDCPA.