P
Dallas,#2Consumer Suggestion
Sat, March 30, 2013
Yes in Texas the SOL (Statute of Limitations) has certainly expired. But You NEED to write a letter to the collection agency disputing the debt (even though it is out of SOL) within the 30 days. There are many boards talking about the 30 days given by the collection agency (actually the government) to respond even on SOL accounts.
NEVER talk with a collection agency. Never. Write them so there is no miscommunication or a "he said they said" problem. Simply ask the collection agency in writing for validation of the debt - requesting all the usual information you should require (see the multitude of letters available on the web for validation), most importantly deny the debt, put the certification number on the letter itself (be sure to send the letter denying the debt certified return receipt requested) and do NOT sign the letter - just type your name. Make sure you keep all the collection letters AND the envelopes they arrived in and a log of phone calls and letters. If the collection agency puts something on your credit report or tries to "re-age" it, you have documentation to remove it (or you can sue the agency for trying to sue you on a SOL).
This will be an ongoing battle - one you must address each and everytime it rears its ugly head .... HOWEVER remember if the SOL has expired a competent judge SHOULD question why the collection agency is just now getting around to suing you for a SOL debt. One board even suggested a higher court familiar with the federal regulations and not the lower courts (small claims) should be the one to hear the case (and you will need an attorney for this -- one the collection agency will have to pay for when they lose because it is SOL!) ...
remember a debt collector purchased the "zombie" debt (which is anything beyond the SOL) for pennies on the dollars (if that) and is "gambling" you don't know your rights or will try to "trick" you into saying it is your debt or you are not sure if it is your debt and can make a handsome profit -- from YOU ...
I am not an attorney nor do I have any legal expertise. I am simply giving you advice your mom and dad would give you .....