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    russharv63's Avatar
    russharv63 Posts: 65, Reputation: 1
    Junior Member
     
    #1

    Nov 1, 2015, 08:16 AM
    Is this a violation from a debt collecter who did not respond to a validation letter?
    I got a letter from a debt collector on a debt that was past the statue of limitations in my state of Virginia. They said I had 30 days to dispute the validity of the debt. So I sent them a certified letter disputing it and after several months they never wrote back. They also stated in the letter that I would not be sued because of how old the debt was and they will not report it to any credit reporting agency. I have checked all my credit reports and the debt is not on any of them. Have they committed a violation because they did not validate the debt? They are still sending me letters trying to collect the debt.
    smoothy's Avatar
    smoothy Posts: 25,492, Reputation: 2853
    Uber Member
     
    #2

    Nov 1, 2015, 08:43 AM
    They can send you letters and even call you the rest of your natural life... its their legal right. You owe the debt... you skipped out on it, by coincidence you lucked out and they didn't take you to court before that statute ran out.

    Also, how was that determined. Its not from when the debt was incurred. It was from the last activity pertaining to the debt.

    The statute of limitations only applies to when they can take you to court for it. You aren't exempt from them trying to collect it ever.
    Curlyben's Avatar
    Curlyben Posts: 18,514, Reputation: 1860
    BossMan
     
    #3

    Nov 1, 2015, 08:45 AM
    While the statute of limitations may have passed, this does NOT mean the debt ceases to exist.
    Just means they cannot take legal action to recover it.
    They can ask for payment as much as they want, you do not need to respond to this requests.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
     
    #4

    Nov 1, 2015, 01:58 PM
    On top of what has been said if you re-acknowledge the debt the limitation is out the window.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #5

    Nov 1, 2015, 08:47 PM
    No, they did not violate anything, you have a right to ask for the validation, and if they do not, this gives you a defense in court, if they did sue.

    Obviously this is one of the companies that buy old debt, often for 2 or 3 cents on the dollar. (or less) in hope they can collect some of it.

    So they send out letters, (often to people who do not even owe it, just with the same name) and fish for money. They may continue to write you letters, and ask for the money, but since it is out of the SOL they may not sue you.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
     
    #6

    Nov 2, 2015, 08:51 AM
    They also stated in the letter that I would not be sued because of how old the debt was and they will not report it to any credit reporting agency.
    So what's the problem? If you don't want them to continue sending you letters, simply demand that they stop doing that. I believe there's a federal statute which requires them to stop if you so demand. But junk mail is not really a problem for most of us. I get mostly junk mail every day, and usually throw it away without opening it.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
     
    #7

    Nov 10, 2015, 02:40 PM
    Hello r:

    This is simple.. Pursuant to the Fair Debt Collection Practices Act, you can DEMAND that they STOP hassling you. Do it.

    excon

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