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Should I send SOL and Cease& Desist to CA or get an attorney

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Contributor

Should I send SOL and Cease& Desist to CA or get an attorney

I just wanted to get some advice here.  In 2001, I defaulted on a major credit card due to illness. I was living in one state and moved to another state in 2003. For whatever reason, the OC sold the account to NCO and the debt sat on my credit report. It was arond $10k, it ballooned to around $20k but it fell off my CR last year.
 
NCO sold it to Portfolio Recovery Associates who have been calling my cell phone every day for the past week at the same time. I hav enot answered as I know not to ever talk to a CA on the phone.
 
I would like to send them a cease and desist from contacting me by phone and also to say that I dispute the debt and that even if it were proven, it is time barred by the SOL.
 
The SOL in the original state is 3yrs, in my current state it is 4yrs for open/oral contracts which this is and 5yrs for written contracts.  This debt is clearly otime barred but because it is so large, they may , I believe, try to file suit thinking that I may not show up and that they can get a default judgement or that they can get me to talk on the phone.
 
Do you think that I can send them a simply letter CMRRR stating the above very simply or would you try to get an attorney to write the letter.
 
I did get a letter early from them and I should have DV but I didn't , i just didn't respond.
 
Any advice would be helpful. Thanks.
 
p.s NCO did pul a hard inquiry on TU about 6mths ago right before they sold it.
Message 1 of 16
15 REPLIES 15
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Frequent Contributor

Re: Should I send SOL and Cease& Desist to CA or get an attorney

Um, I think I have read that you are not supposed to use the phrase "Cease and Desist" with CAs.  Maybe that is only inside SOL, though.
TU-654 (6/9/08), EQ-660 (5/15/08), EX-?
TU-696 (9/1/08), EQ-702 (2/25/09), TU-700 (3/2/09)
TU-748 (6/4/09), EQ-746 (6/1/09)
TU-746 (7/7/09), EQ-749 (7/7/09), EXP-696 (7/7/09)
Message 2 of 16
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Senior Contributor

Re: Should I send SOL and Cease& Desist to CA or get an attorney

Before you do ANYTHING make sure that the state you incurred the debt in does not TOLL (stop) the SoL clock if you move out of state before the SoL expires.

Some states stop the clock until you move BACK to that state. Make sure yours doesn't before you tell the CA to pound sand!!

~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*

Hubby's FICOs when we started: high 400s (June 2008)
Hubby's FICO NOW (04/06/09): TU: 679 EQ: 608 EX: ???
My FICOs: TU: 643, EQ: 606
Closed on new home: 1/20/2009 -- If we can do it, YOU can do it!!

Message 3 of 16
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Moderator Emeritus

Re: Should I send SOL and Cease& Desist to CA or get an attorney

I agree.....make certain SOL hasn't been tolled or reset before doing anything.

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Message 4 of 16
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Contributor

Re: Should I send SOL and Cease& Desist to CA or get an attorney

Thanks everyone. How do I find that Out? If the state does 'toll' and I have no idea if they do, does that mean that the SOL clock stopped when I moved and if it did, does that mean that I can still be sued and not bring a SOL defense because the SOL 'tolled'? If I never go back to the state and it does 'toll' what i be in tolldom in perpetuity? It sounds like I should consult an attorney doesn't it?
Message 5 of 16
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Moderator Emeritus

Re: Should I send SOL and Cease& Desist to CA or get an attorney



tiburones5 wrote:
Thanks everyone. How do I find that Out? If the state does 'toll' and I have no idea if they do, does that mean that the SOL clock stopped when I moved and if it did, does that mean that I can still be sued and not bring a SOL defense because the SOL 'tolled'? If I never go back to the state and it does 'toll' what i be in tolldom in perpetuity? It sounds like I should consult an attorney doesn't it?


Google and your prior state's website are you best two resources right now, short of an attorney.
 
If you never move back, then the debt would be within SOL forever.
 
What two states are you dealing with?
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Free Annual Reports, Freq. Requested Threads, 5 Things We Don't Talk About, Common Abbreviations, Where do I start?, State Resources
Message 6 of 16
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Senior Contributor

Re: Should I send SOL and Cease& Desist to CA or get an attorney



@tiburones5 wrote:
Thanks everyone. How do I find that Out? If the state does 'toll' and I have no idea if they do, does that mean that the SOL clock stopped when I moved and if it did, does that mean that I can still be sued and not bring a SOL defense because the SOL 'tolled'? If I never go back to the state and it does 'toll' what i be in tolldom in perpetuity? It sounds like I should consult an attorney doesn't it?




Before you freak and start thinking about the WORST case scenario, make sure that it's even a possibility!

What state are you in and what's the state you incurred the debt in?

Most of the time, you'd be sued in the state you currently reside in, though, sometimes, CAs will choose the "uglier" state to sue in if the SoL favors them.

Give us a holler on your states, and we'll tell you what you're in for!

~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*

Hubby's FICOs when we started: high 400s (June 2008)
Hubby's FICO NOW (04/06/09): TU: 679 EQ: 608 EX: ???
My FICOs: TU: 643, EQ: 606
Closed on new home: 1/20/2009 -- If we can do it, YOU can do it!!

Message 7 of 16
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Moderator Emeritus

Re: Should I send SOL and Cease& Desist to CA or get an attorney

They can still try to collect even past SOL and CRTP. However, DV them and make sure it states that they can't contact you via phone. Be sure of your DOFD as they can still report as it may or may not have been 7 yrs past DOFD. Pull your org. reports now and every 2-3 months thereafter (to catch them re-aging if they ever try).
Message 8 of 16
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Valued Contributor

Re: Should I send SOL and Cease& Desist to CA or get an attorney

what is CRTP again, and what is the difference between CRTP and SOL. Thanks
Message 9 of 16
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Contributor

Re: Should I send SOL and Cease& Desist to CA or get an attorney

Ok, here is more informsyionz; State the alledged date occurred: MD SOL is 3yrs and I checked, state does not toll State currently residing: FL SOL is 4yrs and state does toll The collection has fallen off my report. It fell off late last year. I believe that my last payment was around the middle of 2001. I dont believe that they can reinsert on my credit report. I pull almost daily re Truecredit which I have been doing for the last 8mths or so. ******************************************************************* I did a search of this site and came across this posting from a moderator who apparently lives in FL. He states that FL doesn't toll which comports with the SOL information that I found for the state of FL on this site and others as seen below. Reply Reply Re: Cardholder (sued by Capital One), pleads claim barred by 5 year SOL, Judge affirms [ NEW ] Options Options Moderator HappyDays Moderator Posts: 4591 Registered: 06-18-2007 HappyDays Message 8 of 8 Viewed 648 times Team......almost all loans come under the 4 year SOL in Florida except auto loans and mortgage! Fl. will not honor any other states SOL BUT FL does toll all SOL if you leave the state! *************************************************************** Now this is what is listed under FL SOL: Florida Statutes of Limitation Contract or written instrument and for mortgage foreclosure: 5 years. F.S. 95.11. Libel, slander, or unpaid wages: 2 years. Judgments: 20 years total and to be a lien on any real property, it has to be re-recorded for a second time at 10 years. The limitations period begins from the date the last element of the cause of action occurred, (95.051). NOTE: The limitation period is tolled (stopped) for any period during which the debtor is absent from the state and each time a voluntary payment is made on a debt arising from a written instrument. Almost all other actions fall under the 4-year catch-all limitations period, (F.S. 95.11(3)(p)).
Message 10 of 16
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