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#1
 
Old 08-11-2010, 01:19 PM
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Default Collection Agency trying to collect a 15 yr old debt

Back in the mid 1990's I had a credit card default and never paid it. At that time I did receive numerous attempts by the bank and collection agencies to pay what I owed. I haven't been contacted at all in the last 8+ years until I just started to receive many calls from a collection agency attempting to collect. They have obviously bought my debt.

I live in California and want to know my rights regarding Statue of Limitations. Does this start from the day I default on my original debt? or can it restart once a company buys the debt?

I also would like some advise on how to stop the calls and ultimately make this agency go away.

Thanks in advance.
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#2
 
Old 08-11-2010, 10:23 PM
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It starts when you default. It's 4 years in Cali. Way out of SOL. Send them a cease and desist letter via certified mail and watch them disappear.

Make sure you rewrite that letter according to your situation. It's only a sample/template.
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#3
 
Old 08-12-2010, 12:55 PM
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Thanks. After reading the letter you referenced C&D letter should I also include the following I found in another templete or is this unnecessary.

"I am well aware of my rights under the Fair Debt Collection Practices Act (FDCPA) and my state laws so I hope to save both of us a great deal of time by letting you know that not only do I dispute the validity of this debt, I have also checked with my State Attorney General and verified that the Statute of Limitations for enforcing this type of debt through the courts in California has expired. Therefore, should you decide to pursue this matter in court I intend to inform the court of my dispute of this debt and that the "statute of limitations" has expired."

Thanks again.
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#4
 
Old 08-12-2010, 08:32 PM
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Yea, that would be fine.
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