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Old 11-21-2005, 02:31 PM
BradleyT BradleyT is offline
Senior Member
 
Join Date: Dec 2003
Location: Milwaukee
Posts: 512
Default Re: Bad Check Limitations???

It's not fraud. Any agency can try to collect a debt any amount of years past the SOL for collecting debts. Try is the keyword. They cannot win in court if you use the SOL as your defence (and if you mention that when they say the will sue it will never get that far).

Bigsteve - send them a letter stating that they may only communicate with you in writing. After that you'll probably never hear anything from them again since it's such a small debt. Never talk to them on the phone - make all communications happen in writing. And get a delivery receipt for your letter (may cost $1-2 but it's proof they received it).



FDCPA Section 805(c)


"(c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --

(1) to advise the consumer that the debt collector's further efforts are being terminated;

(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or

(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

If such notice from the consumer is made by mail, notification shall be complete upon receipt."
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