debt collection and statute of limitations

[Bill Stevens]

What is the name of your state?
My home state is Virginia.
I have just received a notice from a collection agency licensed in Minnesota requesting a two-payment settlement of a debt from a gasoline credit card. This is approximately 1/2 of what they consider the balance due and that the two payments must be made by specific due dates. I called this company to gather information. I was told it was an account that was closed in 1994 and if I wanted inmore information I should request it in writing. In 1996 I did file a bankruptcy which has been discharged. Should I RRR a request for information with a statement about the statute of limitations? Thanks

 

[bigun]

Was this debt included in your bk? If so, send a letter stating they're in violation of the bk injunction as well as, violating the FDCPA in attempting to collect a debt included in bk.

 

[Bill Stevens]

Bigun,
Can not verify - Note enough info.
Reviewed bk and couldn't match either.
Should I still send RRR - what kind of language?
Thanks

 

[bigun]

Here's the SOL for Va.

Maybe a letter claimg the account was included in bk and in any event, the SOL has run.

 

[Bill Stevens]

Bigun,
The SOL for Va didn't post.
Please re-try to send.
Will send letter

 

[cyana24]

Not bigun, but here's what I found

STATE: VIRGINIA

INTEREST RATE

Legal: 8%

Judgment: 9% or contract rate whichever is higher

STATUTE OF LIMITATIONS (IN YEARS)

Open Acct.: 3 Last charge or payment Written Contract: 5

=================================

You debt is clearly beyond the SOL for VA.

 

[cyana24]

Furthermore, should the collection agency ...

choose to file a lawsuit anyway, at http://whychat.5u.com/index.html (Whychat's credit cofusion), "Whychat" (retired lawyer) has a very complete list of the steps you should take in appplying the "affirmative defense" for a debt that is beyond SOL, including forms, letters, etc.

I'd adapt one of Whychat's letters stating that this debt is beyond SOL and send it first.

Many people on this site and many other credit repair sites rely on Whychat's guidance.