SOL has expired so what do I do now?

[bneefreak]

What is the name of your state? CT
I received a letter today from a creditor for my husband's acct. the woman said that the last payment that was made on the account was 6/96. The acct isn't even on the credit report.
what should i do now. I know CT has a SOL of 6 years. Do i need to write the company and tell them that the SOL has expired?
PLMK what I need to do so I can do it ASAP.
Thanks,
Mercy

 

[JETX]

You're correct. The SOL for an 'open account' in CT is 6 years. So, if your last activity was in June 1996, the SOL clock should have tolled June 2002.

However, I would wait a while (just to make sure) before springing the SOL issue on them. At this time, just send them a letter (certified RRR) asking for them to validate the debt. That will give you a month or so reprieve. Then, if/when they finally do that, wait a little longer... then hit them with the SOL. After all, it is possible that they might have the payment date incorrect.

 

[bneefreak]

thanks sooo much i will send them a letter certified RR. There is no date on the letter but the envelope has a date on it.
Now if I ask, are they required to tell me when the last payment on the account was made and also to send me proof that that payment was made with a signature?
thanks again,
mercy

 

[JETX]

There are no specific requirements for 'validation' by debt collectors... just that they have to validate the debt.

In your letter to them, ask for:
1) Proof that they are authorized by the creditor to pursue that debt.
2) The name and contact information for the creditor.
3) Account information on the debt (accounting statement, payment dates and amounts, charges, fees, interest accruals, etc.)
4) Full contact information for the collection agent (company name, address, phone, FAX).
5) Anything else you can think of.

Then, see what information they provide. If it isn't sufficient, then you get to send them another letter asking for the missing information (and get another 30 days!!).