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Collection agency served me w/Summons & Complaint but SOL has expired -what can I do?

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tforce

Junior Member
Collection agency served me w/Summons & Complaint but SOL has expired -what can I do?

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

Help! I was served with a summons and complaint by a collection agency who bought an old debt last year from a creditor I had defaulted on a loan with. They also lied in the Complaint, stating that the breach of contract date was July 2004, which is completely false. I obtained a copy of my credit report which appears to show the first 30-days late was in February 2001 (and no payment since then), therefore, the SOL has expired. How should I proceed on this? Should I contact the original creditor to verify the date of last payment? Is there a special letter I can write to the collection agency's attorney to provide verification that the SOL has expired and demand a dismissal be entered? I am really hoping to resolve this outside of court without having to retain legal representation. Your advice is greatly appreciated!
 


seniorjudge

Senior Member
Standard answer on expired SOL and/or validation and/or dispute letters. There are thousands of posts similar to yours on this forum so I have prepared a standard answer.

SOL
http://www.bcsalliance.com/y_debt_sol.html

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


Validation letter samples you can get at :
www.creditinfocenter.com
and www.creditboards.com


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: http://www.creditinfocenter.com/creditreports/

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!
 

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