collections activity after the sol

elmokupo · 04-26-2008, 03:49 AM

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?

Qtip · 04-26-2008, 08:53 AM

Welcome to the forum, I will move this thread to the credit repair section. Collection agencies are allowed to go after debts past SOL, the problem is when they pursue judgments after sol, most the time people ignore the summons and do not show for court or to fight the CA and they end up receiving a judgment. The only way to stop them in a case like this is by fighting them in court and getting the case dismissed for being past sol.

elmokupo · 04-26-2008, 01:36 PM

So, what do you do when they don't pursue a judgment against you, but instead just report negative things to experian?

Is there a way that you can initiate suit against them for declaratory relief, you know, ask for a declaration of rights?

Enigma · 04-26-2008, 07:39 PM

How is the account reporting?

dp001 · 05-11-2008, 09:20 PM

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?

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

Enigma · 05-12-2008, 10:22 PM

Quote:

Originally Posted by dp001

"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. "

There is no basis in law for such restrictions. In fact the FDCPA allows for telephonic contact in certain instances.

cr1987 · 07-14-2008, 12:57 PM

I have a similar ? - as I might have posted too early w/o enough research and i am new to the forum as of 7/13/08. But as I am in a very similar situation, was this post answered? What are the restrictions on a Charge-off in the state of California and can they be removed - especially after they have been "Re-Aged" to look like new accounts? I am not ashamed, nor afraid to look in as many places as possible as long as someone can point me in the right direction. I just don't know where to start looking. It doesn't have to be NOW - I just want to get these old accounts deleted and stop the calls... Thanks for any help if ANYONE can answer...