Ignore Letter or Ask for Validation?

[lo_pan]

What is the name of your state? CA/OH

Hi,

I'm new to this forum and to debt collection in general. I hope I can explain my situation well enough to get some good advice. I appreciate you all taking the time to read and respond.

Yesterday I received a letter from Midlands Credit Management stating that they'd bought a charged off account for a CC that was closed in 2002 or early 2003. There has been no activity (charges or payments) on this account since the summer of 2003 at the very latest. Until two weeks ago I lived in California, so I'm assuming that the SOL for collecting this debt via a lawsuit there would be just expired. Here's where it gets hairy.

My husband and I moved to Ohio on 10/06. The letter from Midlands is dated 10/17 and was addressed to me at my San Diego address, and forwarded to me here via USPS. Given the date of my move, can MCM file a civil suit against me in Ohio for this account since the SOL here is 6 years?

What would be my best course of action? Should I ignore the letter? If I do this, is it possible they could file a suit against me in California without my knowledge? I don't want this default judgment thing I've been reading about. If I send them the validation letter, also stating that the SOL has expired on this account in CA, they will have my new information here. They are reporting an inaccurate amount due, which makes me wonder if they can even produce legitimate records. If it matters, the amount they are asking for is about $2500.

I wish I had paid the OC. This is my only unpaid debt from a bad period in my life and it does weigh on my conscience. I cannot pay it right now, and would rather not pay a collection agency period.

[seniorjudge]

The SOL is determined by the original contract. Look on there and see what it says.

[moburkes]

It is my understanding, based on recent posts, that the SOL stopped running, or "tolled", when you moved from CA, which means that this is legit, and you can't use the SOL defense.

[debtcollector`]

Originally Posted by moburkes

It is my understanding, based on recent posts, that the SOL stopped running, or "tolled", when you moved from CA, which means that this is legit, and you can't use the SOL defense.

That's correct. The since there was a year remaining on the SOL when you moved, the SOL tolled. There are exceptions to every rule and they have obviously found you. Read some of Chien's past posts on SOL expiration.

And, by the way, the SOL in Ohio is 15 years, not six.

DC

[lo_pan]

Hmmm. Do all states allow "tolling"? I thought that since the SOL was up in CA it shouldn't matter? But I am a total novice in this area.

If I ignore the letter what is likely to happen?

Does anyone know how litigious MCM tends to be? Also, where can I investigate whether they can legally go after me in the state of OH?

Sorry for the flood of questions.

[lo_pan]

15 years on revolving debt? The sites I've visited say 6 pretty consistently.

They didn't find me. They have my address in San Diego. I am having mail forwarded here. I was certainly not hiding, nor anticipating this contact.

Isn't the SOL in CA 4 years? And since it's 2007 wouldn't those 4 years be up?

[moburkes]

Originally Posted by lo_pan

15 years on revolving debt? The sites I've visited say 6 pretty consistently.

They didn't find me. They have my address in San Diego. I am having mail forwarded here. I was certainly not hiding, nor anticipating this contact.

Isn't the SOL in CA 4 years? And since it's 2007 wouldn't those 4 years be up?

What was the date of last activity? The SOL stopped tolling when you moved. You moved in 10/06, which was approximately 3 years into the SOL.

[Zigner]

Originally Posted by moburkes

What was the date of last activity? The SOL stopped tolling when you moved. You moved in 10/06, which was approximately 3 years into the SOL.

No, OP moved 2 weeks ago. She moved on 10/06/2007. The letter was dated 10/17/2007.

(OP wrote it a little screwy)

[moburkes]

Oh, October 6th? Not October 2006?

Okay. When was the date of last activity? Then add about 180 days to that.

[lo_pan]

Yep, sorry about that. We moved here two weeks ago.

[lo_pan]

I'm not positive. I've been trying to get that information from my credit report, but am having issues. At least one agency shows no record of this debt at all. I'm pretty sure the last activity would have been in the winter/spring of 2003, but not positive. It may have been earlier.

[moburkes]

Originally Posted by lo_pan

I'm not positive. I've been trying to get that information from my credit report, but am having issues. At least one agency shows no record of this debt at all. I'm pretty sure the last activity would have been in the winter/spring of 2003, but not positive. It may have been earlier.

Then it may be close. But, if you don't know, we certainly don't.

[lo_pan]

True. But if hypothetically the SOL has expired in CA would I be safe from a civil suit? I am combing these forums, but can't seem to find an answer to this question.

Reading my posts, I suppose I sound like a real louse. I would like to pay the legitimate amount I owe (not the inflated amount MCM says I owe), but I am not in a financial position to do it now. My biggest concern is to avoid being sued for the money right now.

[moburkes]

Originally Posted by lo_pan

True. But if hypothetically the SOL has expired in CA would I be safe from a civil suit? I am combing these forums, but can't seem to find an answer to this question.

Reading my posts, I suppose I sound like a real louse. I would like to pay the legitimate amount I owe (not the inflated amount MCM says I owe), but I am not in a financial position to do it now. My biggest concern is to avoid being sued for the money right now.

No, you're not safe. You'd need to assert the SOL as your defense against owing the money.

[lo_pan]

Perhaps "safe" was a poor way to word it. If I know a SOL defense would be legally legitimate, I would mention it in my validation request and then follow through if they did bring suit.