SOL and Collection Agency help...

[Anonymous]

Hi All,

I am hoping you guys can provide me guidance on this issue.  Last month I DV'd 2 CA's (LHR and Ascension) that was reporting on my CRA's trying to collect an old Juniper CC debt from 2006.  As of this month both tradeline entries have been deleted from all my CRA's.  However, Ascension sent 2 letters to my parents old home in Illinois ( I havent lived there in 15+ years and my parents moved to PA 9 months ago).  My parents received both letters as it was forwarded by the Post Office to their new home in PA.  

In the DV letter I sent them last month I clearly stated my address in California yet they insisted on replying to my DV letter my sending 2 letters to my parents old home??  Are they intentionally trying to do this for a reason??

In my DV I sent them the ff:

Please provide me with competent evidence showing that I have a legal obligation to pay you.  Please provide me the following:

1. Identity of the original creditor

2. A complete and thorough explanation of how the balance of the alleged debt was calculated

3. A copy of any agreement between you and the original creditor showing you are legally entitled to collect monies on this account

4. A verification or copy of any judgment, if applicable

5. Proof that the Statute of Limitations has not expired on this account

6. Proof that you are licensed to collect in my state 

In both letters they responded with:

Original Creditor: Juniper Bank

Current Owner of Account: Ascension

Ascension ID: xxxxxxx (they listed an ID im just using x's on this post)

Original Acount #: xxxxxxxx (they listed an account # as well)

Last Payment Date at Creditor: 4/29/2007

Open Date: 10/1/2006

Principal Balance: $1411

Interest Balance: $1452

Total Balance: $2863

So they failed to respond with a copy of an agreement per my #3 request. They also did not respond to my #5 and #6 above.  This debt was incurred while i lived in Illinois and have now resided in California for the last 3 years.

My question to you all are:

- I believe this is beyond SOL, Are they allowed to have the CRA's report this back to my credit reports?

- Can they still sue me for this debt??

- Will they continue to harass me for this debt and are they allowed to?  

- Outside of paying the debt, what can i do to protect myself from this collection of debts outside of SOL?

Any insight you all can provide would be greatly appreciated...  Thank you in advance!!!

[Shogun]

They didn't respond to part of your requests, because hey are not required to.  all they have to give you is who they are, the amount and if asked, the OC's name.  The rest of those requests are useless.  It's a zombie debt though.  Either pay them a few dollars or send them a cease and desist.

[Anonymous]

thanks Shogun!!  Really appreciate the response and it eases my mind!  as long as they cannot sue me for this old debt nor report it again to my CR then i'll let this go and just file their notices in the cabinet...  not sure if sending them a cease and desist will wake them up to pursue this further...??

if i do send a cease and desist would the reasoning be because its out of SOL??  not sure what goes in a cease and desist letter for this particular situation...

[Shogun]

---

@Anonymous wrote:

thanks Shogun!!  Really appreciate the response and it eases my mind!  as long as they cannot sue me for this old debt nor report it again to my CR then i'll let this go and just file their notices in the cabinet...  not sure if sending them a cease and desist will wake them up to pursue this further...??

if i do send a cease and desist would the reasoning be because its out of SOL??  not sure what goes in a cease and desist letter for this particular situation...

---

A cease and desist needs no reasoning.  You could send one on a brand new debt, however they would then have no choice but to sue you and get a judgement.  Since this one has passed the SOL, then they do not have that choice.  They just can't contact you, and since it has passed the CRTP, it can't be posted to your CR.  Neither the CA nor the OC has the option to remove this from your CR due to it passing the CRTP.  They can both still post this to your CR, however, since it has passed, the CRA, ie EQ,TX, EQ are the ones that are responsible for removing it for a simple pull of your CR.  They can post this forever if unpaid, however the CRAs will omit it.

[Anonymous]

Thanks again shogun for the awesome detailed response... my mind is greatly at ease on this issue now!!!  Have a great week!!

[gdale6]

FYI: The debt is past the SOL, this means they cannot use the court system and get a judgment IF YOU USE THE SOL as your defense, it doesnt mean they cannot sue though most wont since they know if you use the SOL they are out of luck..

[Shogun]

---

@gdale6 wrote:

FYI: The debt is past the SOL, this means they cannot use the court system and get a judgment IF YOU USE THE SOL as your defense, it doesnt mean they cannot sue though most wont since they know if you use the SOL they are out of luck..

---

Pun intended?  Plus there are a few states that won't allow them to even file if it's passed the Sol.

[gdale6]

---

@Shogun wrote:

---

@gdale6 wrote:

FYI: The debt is past the SOL, this means they cannot use the court system and get a judgment IF YOU USE THE SOL as your defense, it doesnt mean they cannot sue though most wont since they know if you use the SOL they are out of luck..

---

Pun intended?  Plus there are a few states that won't allow them to even file if it's passed the Sol.

---

LOL, ya I forgot about those 2 states, WI & MS the debt dies at SOL, you know of anymore??

[Shogun]

---

@gdale6 wrote:

---

@Shogun wrote:

---

@gdale6 wrote:

FYI: The debt is past the SOL, this means they cannot use the court system and get a judgment IF YOU USE THE SOL as your defense, it doesnt mean they cannot sue though most wont since they know if you use the SOL they are out of luck..

---

Pun intended?  Plus there are a few states that won't allow them to even file if it's passed the Sol.

---

LOL, ya I forgot about those 2 states, WI & MS the debt dies at SOL, you know of anymore??

---

Nope, but I do know that CA and FL have been working on adding this into theirs to try and decrease the court loads.

[gdale6]

---

---

@Shogun wrote:

---

@gdale6 wrote:

---

@Shogun wrote:

---

@gdale6 wrote:

FYI: The debt is past the SOL, this means they cannot use the court system and get a judgment IF YOU USE THE SOL as your defense, it doesnt mean they cannot sue though most wont since they know if you use the SOL they are out of luck..

---

Pun intended?  Plus there are a few states that won't allow them to even file if it's passed the Sol.

---

LOL, ya I forgot about those 2 states, WI & MS the debt dies at SOL, you know of anymore??

---

Nope, but I do know that CA and FL have been working on adding this into theirs to try and decrease the court loads.

---

Hmm, 2 large population states, would help unclog the system thats for sure... Thx...