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I have some zombie debt that is being brought to light. Yes that one day line I was told has come. I am trying to see if anyone has any ideas on dealing with this:
Steel River Collections recently mailed me a letter about my unpaid debt with them. Yes I managed to dodge a bullet at the time, have the debt removed from my credit and I was not sued. Credit One was the biggest pain in the *** to get removed and now they are the first to remind me of that pain in the ***.
SOL has passed on this, the letter clearly states that.
When sending them a letter to stop contacting me, how do you do this with a collector trying to collect a zombie debt? You don't want to admit at all the debt is yours or else it resets the clock.
This is the same collection company that called me months before recving a letter at work. They started off the conversation asking me if the last four numbers of my social secuity number was correct. Who the he** starts off the conversation like that? I refused to answer any of their questions. But the most embarasing call you can get at work is a collection company who will not let you go.
But back to the main collection, how to you request a collection comapny to leave you alone on a zombie debt. Or do I just use the letters they send me as toilet paper?
There is no special letter for "zombie debt". You can either ignore the collection agency, or send a letter demanding that it cease and desist all communication.
In regard to restarting the SOL, check your state laws for time-barred debts. For instance, in some states, once a debt is time-barred, the only way to restart it is a written agreement to pay signed by the consumer.
There's actually no need to research state laws regarding restarting SOL. I say this because you do not need to go anywhere near any of those lines.
You can write a letter that simply states as follows:
"(Debt collector name and address)
RE: (their account number and balance claimed to be owed)
(date)
To Whom it May Concern:
I am in receipt of your letter, dated (date on their letter), regarding the above identified alleged account number. This letter to you shall serve as notice that you are to CEASE any and all communication with me regarding same. Any further communication from you except as permitted by law shall be met with efforts to protect my rights under FDCPA.
Respectfully,
(your name)"
Do not acknowledge the debt, or say anything about owing any money. You're simply responding to their letter with one of your own. You identify the matter at hand. And then you instruct them to stop all contact with you regarding that matter. This makes it clear your request and nothing more. And it satisfies the requirements under FDCPA that a debt collector must cease communication with you upon receipt of your request. They can only contact you one more time after this to inform you that they will cease.
@bass_playr wrote:There's actually no need to research state laws regarding restarting SOL. I say this because you do not need to go anywhere near any of those lines.
You can write a letter that simply states as follows:
"(Debt collector name and address)
RE: (their account number and balance claimed to be owed)
(date)
To Whom it May Concern:
I am in receipt of your letter, dated (date on their letter), regarding the above identified alleged account number. This letter to you shall serve as notice that you are to CEASE any and all communication with me regarding same. Any further communication from you except as permitted by law shall be met with efforts to protect my rights under FDCPA.
Respectfully,
(your name)"
Do not acknowledge the debt, or say anything about owing any money. You're simply responding to their letter with one of your own. You identify the matter at hand. And then you instruct them to stop all contact with you regarding that matter. This makes it clear your request and nothing more. And it satisfies the requirements under FDCPA that a debt collector must cease communication with you upon receipt of your request. They can only contact you one more time after this to inform you that they will cease.
I would also make a copy of the letter, send it certified mail, and then file away the letter with attached receipt.
If getting these bothers you then send them a Cease & Desist all contact letter, if not just toss them in the trash.