John
Louisville,#2Consumer Comment
Wed, February 03, 2010
Make them validate the debt:
Send them a letter via Certified Mail + Return Receipt (NOT regular mail) stating:
Per the Fair Debt Collection Practices Act, I am requesting written validation of your claim, to include a copy of the original signed contract with my signature. A typed letter showing an account number and balance due will not be accepted as validation. The orignal application with my signature is being requested and should this matter go to court, this will be required for validation.
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If this goes to court...be sure to show up in court at the appointed date and time...if you don't the other side will get a default judgment against you. Bring the settlement letter to the court proving that it was paid. Again, make them validate the debt...Don't be a "no show" if this goes to court....Good luck.
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There is a statute of limitations for credit card debt, which is the amount of time that they can successfully take legal action against you for the debt. This time period varies for each state. You can find this time period for your state by going to the link below and looking under "Open Accounts."
http://www.creditinfocenter.com/rebuild/statuteLimitations.shtml
If the number of years since you defaulted on this account and stopped making payments on it is greater than the number listed for your state, then they can no longer defeat you in any court action because the debt is time-barred.