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Old 04-25-2011, 09:51 AM
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I actually think the letter is ok. Why not send it? What is the worst they are going to do? Keep reporting it? You send it and it does nothing.. Well, you're right where your started and you're out nothing but a little postage. I would however mention that their alleged debt claim against you is beyond the statute of limitations (let em know that you know it's outside the SOL).

A debt can be collected on forever. The SOL just means they can't get a judgement against you in court to pay (As long as you show up and affirm the SOL defense). Basically it means they can do nothing to you but ask you to pay em or esle they'll ask you to pay em.. lol and they won't even be able to do that if you send em a C&D letter and then once it falls off of your reports it's over with AND if they keep sending you bills after you give em C&D letter they have just violated the FDCPA and you can sue em for $1000.

All they can do after getting a C&D letter is send you another letter letting you know what they are going to do.. IE sue you in court. BUt wait they can't because it's outside the SOL (I mean they can but they won't win if you just show up).

Be persistant.. IMO you should still try the DV/SOL letter. It's definitely worth a shot.. and again.. what's the worst they are going to do? They are too far beyond the SOL to win in court. And if it fails you can either PFD with em or send em a C&D letter and wait one more year to get rid of it.
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