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  #1  
Old 04-20-2005, 10:51 AM
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Join Date: Mar 2005
Location: Los Angeles
Posts: 22

Asset Acceptance's Attorney Trying to COLLECT


What is the name of your state? My state is California.

Here's the situation: I have an old credit card that went to charge-off in 2001. I haven't paid anything on it in over 4 years. I know the SOL for CA is 4 years, however I received a letter from an attorney representing Asset Acceptance stating that my last transaction with them was 7/6/2001 (it doesn't mean last payment -- this could be the last day the credit card company charged me a fee before sending to collection for all I know, which they think justifies a "transaction"). I only had one bank account at the time and have researched past statements and am hard pressed to find any such payment made to this account.

Should I call the attorney and tell them tha the SOL has expired? Will the attorney be able to send me old statements from the original creditor to verify everything? OR Should I play this out to "buy time" and respond a couple of days before the 30-days alloted by their letter? Please advise. Thanks...
  #2  
Old 04-20-2005, 11:08 AM
seniorjudge
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Posts: n/a
Quote:
Originally Posted by yanni72
What is the name of your state? My state is California.

Here's the situation: I have an old credit card that went to charge-off in 2001. I haven't paid anything on it in over 4 years. I know the SOL for CA is 4 years, however I received a letter from an attorney representing Asset Acceptance stating that my last transaction with them was 7/6/2001 (it doesn't mean last payment -- this could be the last day the credit card company charged me a fee before sending to collection for all I know, which they think justifies a "transaction"). I only had one bank account at the time and have researched past statements and am hard pressed to find any such payment made to this account.

Should I call the attorney and tell them tha the SOL has expired? Will the attorney be able to send me old statements from the original creditor to verify everything? OR Should I play this out to "buy time" and respond a couple of days before the 30-days alloted by their letter? Please advise. Thanks...

Phone calls will not do; do everything in writing:

Standard answer on expired SOL and/or validation and/or dispute letters.

SOL
[url]http://www.bcsalliance.com/y_debt_sol.html[/url]

[url]http://www.fair-debt-collection.com/Disputing_Collections/SoL-dispute-letter.html[/url]


Validation letter samples you can get at :
[url]www.creditinfocenter.com[/url]
and [url]www.creditboards.com[/url]


Disputes: You can write a letter of dispute to the three credit reporting agencies.

Go this website to find instructions and samples for how to dispute: [url]http://www.creditinfocenter.com/creditreports/[/url]

Sometimes errors are easy to remove and sometimes they stick like glue. It is inexpensive to try and not difficult.

I am NOT a creditor-debtor lawyer; stand by for further help.

I am NOT vouching for the accuracy of these websites!
  #3  
Old 04-21-2005, 10:34 AM
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Join Date: Mar 2005
Location: Los Angeles
Posts: 22

Collection Agreement


In the State of California, does the debt collector's attorney need an agreement with the original creditor in order to get a judgement?
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