SOL and Collection Agency

[Anonymous]

Guys - Few questions

I had 2 Citi Credit cards and last payment made to Citi was around Oct 2011on both CCs. Both these accounts were sold 2 diff collection agencies. On my credit report, 1st is showing as Open Date of Mar 2015 and 2nd Open Date of Jul 2015.

Question - I was in VA when i opened these CCs. Majority of my years after opening CCs i was in FL and thats where i made my last payment in Oct 2011, and since last 2 years i am NJ and will here for few more years. Which state SOL i have to consider?

Question - Is it safe to to ask for debt validation to this collection agencies (Cavalry and Security Credit)? What are chances of getting sued by them?

[medicgrrl]

I would look at the SOL for the state where you opened the account and where you live now to see if either of the collections are still within SOL in either state.

[RobertEG]

The SOL that must be applied by the court will be the statute of limitations for the state in which the court resides.

Thus, the SOL that will be used will depend upon where the civil complaint is filed and the trial is held.

The FDCPA gives a debt collector the specific option of bringing civil action in either the jurisdiction where the contract that created the debt was signed, or in the state of current residency of the consumer.

For several administrative and legal reasons, the debt collector will usually bring their action in the state of current residency of the consumer.

Thus, the prevailing SOL will normally be that of your current state.

However some states have "borrowiing provisions" incorportated directly into their statutes, which explicitly permit the SOL period of another state to apply in your current state if it is of a shorter period.  Thus, the SOL statute of a prior state of residency can indirectly apply if your state permits.

You can always request debt validation from a debt collector, but unless the DV is timely, it can be ignored.

A DV must be sent within 30-days of the collection ("dunning") notice to be timely.

A collection opened in 2015 would normally have dunning notice sent at that time, and thus would no longer likely be timely.

[Anonymous]

I just got a cavalry removed from my partners credit report by filing a complaint with the BBB. I'm pretty sure they delete 100% of the time a BBB complaint is filed against them.

[Anonymous]

Any thing specific you had send to BBB. Please provide a draft. I am a newbie to this and dont want to get in trap of this collection agency.

In regards to where to Citibank resides, its SD and i reside is NJ both are 6 years SOL on CC.As of today its 5 yrs and 8 months on last payment i had made. What would you say, if i had to send them notice and wht should i ask for?

[RobertEG]

What poor or improper business practice have they engaged in?

The basis of a complaint to a BBB requires some factual assertion that they have engaged in some improper business practice, which is not subject to a form letter.

[Anonymous]

They basically say they did nothing wrong but out of a customer service standpoint they have deleted the tradeline.

[Anonymous]

You can really just write all you complaints. For example, the debt was outside of SOL and that was never disclosed, you requested validation but that was never given, the account doesn't appear anywhere else on your credit report, etc. Just really anything. Then they come back and say they did nothing wrong but will delete it.

[medicgrrl]

I think RobertEG's point is that you shouldn't make a complaint to the BBB if they haven't done anything wrong. It's not supposed to be used just to have an account deleted. If you have a legitimate complaint that you can't resolve, it's one thing, but telling people to make arbitrary complaints isn't very ethical.

[Anonymous]

I do understand what you are saying but cavalry isn't an ethical company. They are junk debt buyers and will put a collection on your report for an account t thats outside of SOL from an account that got charged off 10 years ago. I did this for my partner. His original account was so old it didn't even report any more but cavalry was there trying to collect on it. Not to mention the fact my partner swore up and down that the alleged debt had been paid 100% and cavalry numbers were way off from all the of statements he had. Nothing matched up.