Statutes On Old Debt

What is the name of your state? I live in CO, having moved here 12 yrs ago from OH. This last week my husband received a demand from collection agency for $13,000. I called to inquire for him and was told it was from a loan company, that he had never had business with. I was also told that the original debt was for $4,000. He did have a car repoed in 1991 in CO which had been purchased in OH, but not thru that loan company. He had never been contacted about the balance due when car was sold. He never heard word one from them. What are his legal rights and how do I proceed to get this dismissed and not on our credit record? Also my name was not on the account,and the collection agency was telling me anything I asked. Thank you in advance.

[Ladynred]

My first answer was that this is beyond the statute of limitations for EITHER state, I still think it is.

I think what you should do now is send them a validation demand letter. Make THEM prove that the debt is his, this is your right under the Fair Debt Collections Practices Act (FDCPA) Section 809. Debt Validation also forces them to cease collection activities until they can validate - which is something these CA's violate all the time and they can be sued for violations.

Go to [url]www.creditinfocenter.com[/url] and read up on the process of debt validation. You can find excellent sample validation letters there that you can use. You send this CA the letter certified, RRR mail and make sure you keep copies of everything.

I'd start there.. and by pulling his credit reports from all 3 credit bureaus and make sure that this thing hasn't been re-inserted or re-aged onto his report. It is well past the 7 year limit and any re-aging or reinsertion is a violation of the Fair Credit Reporting Act.. which also carries a $1000 PER VIOLATION fine.

Do the Debt Validation .. don't talk to them on the phone except to get their mailing address (who's the CA by the way ?) for the certified letter.