Rodney
San Francisco,#2Consumer Suggestion
Mon, April 14, 2003
Jim, Just read through these posts and you should find people in the same situation and suggestions on what to do. I can tell you if it is from 1993, it is well past the SOL. Here is a good website that has a lot of information, such as statute of limitations by state, validating the debt with sample letters, etc. http://www.creditinfocenter.com/ rebuild/debt_validation.shtml Basically, you can approach it in two ways. Either send them a certified letter asking them to validate the old debt and only to contact you in writing, not via the telephone. This gives them 30 days to prove the debt is valid and in that time they are not allowed to contact you until they provide the documents. They MUST show an agreement that bears the signature of the alleged debtor wherein he agreed to pay the creditor. If they do respond, I have been told it is just some signed statement that one of their staff has signed because they do not have any of the original documentation. Which is why you might want to try the second method. The second method will stop them in their tracks. Send a CEASE AND DISIST letter, certified, to their street address located on my post a few down from yours. You can find a copy of these sample letters on the web if you do a search. It basically states that under the Fair Debt Collection Practices Act, all communications must stop on debts that are over the statute of limitations. They only way they can respond is to sue, which they would have to again, validate the debt. The site above describes how to deal with that situation. Good luck and I hope this helps.