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02-10-2003, 12:52 AM
| | | | thanks&answers to your ques. What is the name of your state? ok, the debt was for transamerica back (no longer in buisness) in oklahoma. at the time my husband lived in tx, and never had an account with them, and when my husband asked if he could fax them with the letters for proof of this debt they said yes. my husband has been very nice with them in his letters and on the phone, but they are being very vulger stating that if we call back they will press harassment charges on him, if they can't even talk with him how is he supposed to figure out what is going on? | 
02-10-2003, 08:12 AM
| | Senior Member | | Join Date: May 2001
Posts: 6,455
| | | Whne was the last time your husband paid anything on the debt to the orginal creditor? | 
02-10-2003, 09:45 AM
| | | | my husband has never paid on this debt because we found out about it 18 months ago, and at the time this debt occured he had been living in tx for 3 years | 
02-10-2003, 09:50 AM
| | | ps. the only thing they would say was the account was closed in 97.  | 
02-10-2003, 10:06 AM
| | Senior Member | | Join Date: Feb 2002 Location: Nashville,TN
Posts: 15,706
| | | You still need to find out when the last payment was made. The SOL in TX is 4 years, so if the last payment was made 4 or more years ago, then the SOL (for being sued) has run out. If there's no records you can access, then a copy of the credit reports will give you some dates you can use to find out.
__________________
"Knowledge is Power - use it as you see fit !
I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
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02-10-2003, 10:52 AM
| | | | the problem we are having is that my husband has never had an account with these people, he has banked with the same people for 10 years now. | 
02-10-2003, 12:21 PM
| | Senior Member | | Join Date: Feb 2002 Location: Nashville,TN
Posts: 15,706
| | | First, stop using the phone, its pointless.
Next, send them a debt validation letter that states you have no knowledge of the debt and demand that they provide you with proof per Section 809 of the Fair Debt Collections Practices Act.
You can find some excellent validation info and sample letters at [url]www.creditinfocenter.com.[/url] Send the letters certified, RRR and keep copies of everything. Keep track of the 30 days and keep following up, you have to keep after them, especially if they ignore your first letter.
__________________
"Knowledge is Power - use it as you see fit !
I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
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