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Re: SOL Debate in CA


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Posted by axiom (67.113.246.205) on January 29, 2004 at 15:57:31:

In Reply to: SOL Debate in CA posted by HARIKRISNA on January 29, 2004 at 12:34:02:

Ok..now the SOL for them to sue you is 4 years and has expired.But they can contact you for the rest of your life as long as they still own your account. You need to also send them a Cease & Desist letter and demand they cease all verbal communications with you. They can't sue you, but until you send a C & D letter, they can keep calling you. I usually post a lot of my letters online for people to use, so feel free to use mine; just change the information to fit your needs. Send this letter via certified mail with a return receipt and keep a copy for your records. Are you sure you want to do BK? If that Visa is your only debt, why pay so much for BK when: 1. you can't be sued 2. It's only a matter of 3 years before your record is clean 4. During that 3 years, you can open a secured visa and be re-established by the time the delinquent visa account is removed from your credit report.
Here's a C & D letter I write for friends a lot of times. I will call you Jon Doe in the letter:

January 29, 2004

PORTFOLIO RECOVERY, INC.
xxxxxx xxxxx
Norfolk, VA 00000

Phone #:

Re: Acct #

To Whom It May Concern:

You are being contacted regarding your debt collection practices with the above-referenced account. Portfolio Recovery, Inc's procedures and subsequent actions of this matter are in clear violation of the Fair Debt Collection Practices Act. Porfolio Recovery has violated the FDCPA by contacting Mr. Doe and leaving numerous messages against his request.

Accordingly, demand is hereby made, pursuant to the Fair Debt Collection Practices Act (FDCPA), that you cease all further telephone communications with Mr. Doe regarding the collection of this debt. All communication will be directed to Mr. Doe through written correspondence only (pursuant to 15 USC § 1692(c) (d); CC § 1788.11(d) (e)). This letter has been sent to Portfolio Recovery, Inc and to the Attorney General of California via certified mail. Upon delivery of this letter, all telephone communications will cease immediately.

Be advised that Mr. Doe is fully aware of his legal rights, your obligations and potential liabilities under law, and has the intent to pursue any and all available legal remedies against Portfolio Recovery, Inc should this letter fail to generate an appropriate response. Your failure to honor this request will constitute a violation of the FDCPA and result in further legal action against you.

Please govern yourself accordingly.

Regards,

Jon Doe


Send all correspondence to:

Jon Doe
XXXXX XXXX Street
XXX XXXXXXX, CA XXXXX

Send this certified and pay the extr $ for a return rec.

Regards,
Axiom


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