Re: Old debt coming back to haunt me...
[ Follow Ups ] [ Post Followup ] [ Credit Forum Index ]
Posted by Linda on July 19, 2001 at 01:39:50:
In Reply to: Old debt coming back to haunt me... posted by Ed Perry on July 18, 2001 at 15:08:10:
Yikes!!! What a fun call that must have been!! You're past the SOL in both states. However, you would have to assert that defense in court in the event they did take you to court. I think you can prevent that. I think the question is do they have to take you to court in your current state of residence? I believe they would have to. Is there any address here (VA) where they might try to have you served that you can think of? The service wouldn't be valid, of course, but the court wouldn't know that. If you have old roommates, family, etc, at an address you might have used, where they might attempt service, warn them not to accept it. Otherwise, I think, to be on the safe, side, send a validation letter (say you don't recall....blah blah blah... perhaps they have the wrong person..) in response to their letter. Make sure they sign for receipt (certified RR - proof that they know you are in CA). So you are asking them to write you back with proof the debt is yours. Don't give away the fact that you know you're past the SOL, you want them to send you the proof that the account is/was yours, thus doubling your proof that they know you where you live. Then send a "cease communications" letter letting them know the SOL is "stale" - they should just go away. Keep a close eye on your credit reports - another tactic is to put inquiries on your report in order to find your current address, and also to re-age accounts (show it as 1999 instead of 1990) and put an acutal derogatory entry on your report. I know collection agencies do that, not so sure Capital One would go that far. But I would check anyway. these letters are also really intended for use with collections agencies, but they should work fine in this case. There are good letters at http://mix6.com/credit
but adapt them to your situation. I'm gonna try HTML and see if it works here
Credit Repair Letters Good luck! Linda
Follow Ups:
Post a Followup
|
