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Posting SOL letter...tell me what you think????


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Posted by Scr$wed by Ex (63.78.115.68) on November 15, 2002 at 08:26:27:

xxxxxxxx
Lines & Loans Collections
700 Vista Drive
MAC# N8235-049
West Des Moines, IA 50266
800-241-0039

Certified Mail No.:_____________
Re; xxxxxxxx

Dear xxxxxxxxx Specialist:

Thank you for your recent inquiries. This is not a refusal to pay, but a notice that your claim is disputed.

Please be advised Under the State, in which I reside, North Carolina Statute; #1-52(1) such accounts have a 3-year limit for filing any action for judgment and Under the State of Minnesota, the state in which the contract was initiated, Statute; # 541.05, such accounts have a 6-year limit for filing any action for judgement. The starting date of this statute of limitation being the later of the date of last activity or the date of first default. Records show that this date on the subject account # 8568928 with Jason G. Britney is May 1996. Any filing of such action by you, or your representatives or assigns, is therefore time-barred.

Under the FDCPA, any such action, or threat of such action is a violation of the law, and grounds for fines and civil sanctions.
807. False or misleading representations:
A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt.
Without limiting the general application of the foregoing, the following conduct is a violation of these sections:
(2) The false representation of—{{4-30-97 p.6620}}
(A) the character, amount, or legal status of any debt; or
(3) The representation or implication that nonpayment of any debt will result in the arrest of imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.
(4) The threat to take any action that cannot legally be taken or that is not intended to be taken.

This notification to you is applicable legal statutes, codes and laws. Other Federal and State laws may apply.

Under the laws of my current resident State, North Carolina , Statues #1-52(1) continued collection activities, including reporting of accounts beyond their legal collection date, may be considered extortion and/or fraud and subject to criminal as well as civil prosecution.

Please note that proof of your receipt of this notice may be used by me or my legal representative in further action.

Sincerely,


xxxxxxxxxxxxxxxxx




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