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-   -   Debt collection time? (https://www.askmehelpdesk.com/showthread.php?t=260850)

  • Sep 15, 2008, 06:54 PM
    soccer10
    Debt collection time?
    Hi,

    I have a question please.

    I have an old debt from 2003/2004 that a collection firm has been trying to collect on with me off and on for years. I challenged this debt time and time again with the original creditor and several collection agencies they turned it over to (or sold to) over the past years and never got anywhere. I have copies of the letters I wrote. I was cheated and incorrectly charged with the original debt owed and along the way I have lost several jobs and now have been unemployed for the past 9 months. Anyway, I haven't heard from this particular agency in a long time and they have now tracked down my present address and have sent a new request for payment once again. I moved from GA (where the original debt was) to Florida in 2003. Can this still be collected upon? I thought the statute of limitations has run out by now and they shouldn't be asking anymore. I know it's on my credit report and I have disputed it several times to no avail.

    Do I have to keep worrying about this debt? I plan to write this agency and tell them to stop contacting me, but I don't want to start up anything with them either.

    Any advice?

    Soccer10
  • Sep 24, 2008, 05:28 PM
    mr.yet
    They must validicate the alleged debt if hey have not than their claim is not valid. Dispute the notice again, and after the 30 day time limit send them this:

    YOUR NAME
    ADDRESS
    STATE, ZIP

    DATE HERE

    DEBT COLLETOR
    ADDRESS
    STATE, ZIP

    NOTICE OF DEFAULT


    Your name here, the Undersigned Affiant, hereinafter “Affiant” does

    Hereby solemnly swear, declare, and state the following.

    1. Affiant is competent to state the matters set forth herewith.

    2. Affiant has personal knowledge of the facts herein.

    3. All the facts stated herein are true, correct, and complete in accordance with

    Affiant's best firsthand knowledge and understanding, and it called upon to testify

    As a witness Affiant shall so state.


    STATEMENT OF PLAIN FACTS

    1. Affiant mailed to Debt Collector name here by Certified Mail # ---- ----- ---- ---------- ----Dispute of Validity Loan No. # -------------.

    2. As of the date of this letter no validation of the alleged debt has been received by the affiant.

    3. Debts Collector's intentional failure to provide verification validating of the alleged account.

    4. Debt Collector's tacit agreement that the Debt Collector has no verifiable, lawful, bona fide claim re the hereinabove-referenced alleged account.

    5. Debt Collector tacitly agrees that Debt Collector waiver all claims against Respondent and indemnifies and hold Respondent harmless against any and all costs and fees heretofore and hereafter incurred and related re any and all collections attempts involving the hereinabove-referenced alleged account.

    6. Debt Collector name here did not respond a required by law within 30 days as required by Fair Debt Collection Practice Act 15 USC §1692 et seq.

    7. Debt Collector name here as harassed Affiant. by interstate communication is a scheme to defraud, Affiant, to his great injury. “Qui jure suo utitur, nemini facit injuries”



    I affirm under the penalty of perjury under the laws of the united state of America that the foregoing is true and correct to the best of my belief and informed knowledge, And Further deponent said not.



    All reserved explicitly without reservation or prejudice UCC 1-103, 1-105 and 1-308

    __________________________________________________ ____
    Citizen Principal, By Special Appearance, Propia Persona proceeding Sui Juris.

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