Quote:
Originally Posted by elmokupo
I'm in California, where the sol for a written contract is 4 years. Recently a collections agency was assigned a stale claim that is more than 4 years old. They are reporting it to experian as a new claim.
What do you do when collections agencies go after debts that are beyond the SOL? Is there any way to stop them from hurting your credit besides paying them?
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Have you disputed it with the CA's . If you have, I would send the collection agency a DV letter, just to see what their reaction is. And if all else falls you have that fact that you are out of the SOL, but remember that does not require them to stop trying to collect on the debt it only gives you the right in court to dismiss based on the SOL. Also in the DV letter state that
"I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS. "
Here is a sample DV letter I would not recommend quoting any laws just use it as a guide a put is IN YOUR OWN WORDS!!! Very important
Hope This helps. Good Luck