The acct #'s don't match. At first I thought it was mine since the first 7 digits matched my B of A acct that is charged off, but the last 9 digits were off and so is the balance. My B of A acct is little over 4 yrs passed the SOL and I'm on Social Security Disability. Do you think they made a mistake with the acct or it's just a bogus notice? I'm afraid if I call or send them a certified letter stating it's not mine, that they will somehow trick me and get stuck with it or have my SOL start over all again. To my knowledge, I cannot be judgement proofed bc I'm on disability, correct? And If it's past the SOL, the creditor cannot sue me, correct? What if a new collector tries to collect from you and it's past the SOL? What is the best way to handle this matter? Thanks, -scared and worried
Notice says: -Unless you notify this office within 30 days after receiving this notice that you dispute the validity of this debt or any portion thereof, this office will assume this debt is valid. -If you notify this office in writing within 30 days from receiving this notice that you dispute the validity of this debt or any portion thereof, this office will obtain verification of the debt or obtain a copy of a judgement and mail you a copy of such judgement or verification. -If you request this office in writing within 30 days after receiving this notice this office will provide you with the name and address of the original creditor, if different from the current creditor.
The statute of limitations is an affirmative defense. If Cavalry were to bring an action against you, you could defend yourself asserting that the SOL has expired. Never ignore a court action, even if you think it is bogus, or you have a defense. If you are not there to present your defense, it will not be taken into account.
Also, you should not ignore this notice. If, in fact, the agreement/debt is beyond the statute of limitations, you may be able to get this resolved without court action.
I hope this helps.
Steven A. Leahy
Please note that the above is not intended as legal advice, it is for educational purposes only. No attorney-client relationship is created or is intended to be created hereby. You should contact a local attorney to discuss and to obtain legal advice.
The account numbers often don't match. Could be numbers assigned internally by the collection agency, or the bank changed owners, or whatever. The SOL is 4 years from the last activity, so if you are sued you can defend and raise that issue. Meanwhile, don't ignore the letter. Write back saying that you don't think it is your bill as the account number is not familiar to you, yadayada. Bounce the ball back over the net, to their side. You might find that for the cost of one stamp, it all goes away. And yes, living on disability there is not much that they can get from you anyway.
This is general legal information, not intended to apply to your specific case. And I may not be licensed to practice in your particular state. Under Federal Law, I am a debt relief agent.
Debt Collection Attorney
Send a written letter stating that you dispute the claim, both the fact that it is not your account and the amount of the claim. You should do this within 30 days. You can send this by mail or by fax. Keep proof of the fax transmission. You should also tell them not to call you.
Anyone with a filing fee can file a lawsuit. That costs them about $500. out-of-their pocket. Money creditors do not file lawsuits unless they think they can collect something If you are served, the Statute of Limitations is an affirmative defense, so you must file an Answer. You will be able to get the filing fee waived if you apply.