[shadow]

Around Feb. 2001, I stopped paying every bill I had due to loss of income. I lived in Tennessee then - 6yr SOL.

About October/November-ish 2001, I made 1 payment to Ameridebt directly (donation thing), followed by another payment the following month to be distributed to creditors. I made no other payments to anyone on anything.

I am now having problems with a Sears Account.

It should have been delinquent and never made current as of March 2001 at the latest. I do not think the short Ameridebt thing would have made it current.

In 2005, I moved to Michigan - also a 6 yr SOL.

Sears is no longer listed at all on my credit report.

LVNV Funding was the collector last summer and they listed it to remain on my credit report UNTIL MARCH 2009 !

Now this account is being collected by a local attorney (just got the first letter), so I am expecting a lawsuit is on its way.

Should I send a letter denying any debt and that it is outside the SOL ?

How do I go about proving the date of the delinquency or getting it taken off my credit report ? 2 months is 7 years.

[hannah]

Do you have copies of your credit reports from when it was reporting?

[shadow]

I have a copy from this past summer when LVNV was reporting it.

I do not have anything that shows Sears actually reporting it.

LVNV FUNDING

Original Creditor:
SEARS

Date Opened:
06/2003

Type:
Installment

Reported Since:
06/2003

Terms:
1 Months

Date of Status:
06/2003

Monthly Payment:
$0

Last Reported:
05/2007

Responsibility:
Individual

Account History:
Collection as of Feb 2007 to May 2007, Oct 2006 to Dec 2006, Apr 2006 to Aug 2006, Dec 2005 to Feb 2006, Oct 2005, Aug 2005, Jul 2005, Jun 2003


But nothing from Sears - my report is a list of half a dozen cards all 30 days past due about March 2001.

[hannah]

If they sue, you will need to assert SOL as an affirmative defense. Until then, I don't see that you can do anything except to send a validation letter to the attorney and to LVNV. How long ago did they dun you for the debt?

[shadow]

Says their client is Resurgent Capital Services, L.P. now.

Another Sherman company.

Dun me for the debt ??? Just got this letter. Had some LvNV ones over the past couple months.

[shadow]

Should I use Certified mail for LVNV and Resurgent Capital ?

I intend to do certified for the local attorney collection agent.

Should I even mention the SOL running or just dispute it ?

In Michigan, there is a law stating they must provide the payment history if disputed.

[roybean]

Originally Posted by shadow

Should I use Certified mail for LVNV and Resurgent Capital ?

I intend to do certified for the local attorney collection agent.

Should I even mention the SOL running or just dispute it ?

In Michigan, there is a law stating they must provide the payment history if disputed.

Absolutely use certified mail with return receipt.
And if the debt is SOL, yes you should mention it.

[shadow]

I DV'd the local attorney collecting.

The original letter was from the attorney.

The DV response, from the paralegal, stated that at this time more info was being ordered from their client and would be forwarded to me.

Should I send one to Resurgent and LVNV as well now, and in a week or two, dispute with CRA's ?

Can you believe the response letter had a payment stub at the bottom ? No money numbers, just "Tear off and submit with payment" with to and from addresses on it, and Sears. Violation ?

In Michigan, state law requires they submit a payment history.

Think there is any chance of this actually getting information from: local attorney to Resurgent to LVNV and back to Sears ?

It is all past the SOL, but LVNV has re-aged the account illegally on my credit reports.

[hannah]

Did you dispute with the CRA's yet?