This site can help you finding the best option for you:@www.credit-solutions.infoWhat is the statute of limitations for utility debt that has been turned over to collections in California?The collector is playing games with you. He's trying to rattle you so that you will pay.
The collecting SOL in California is 2 years for an oral contract and 4 years for an open contract and written contract.
If the original creditor closed the account in 9/04, then you are past the collecting SOL.
California does not allow re-aging of a debt once the account is closed. That collector may have tried to claim you had tried to make a payment arrangement, but it's an empty claim. He was probably just trying to scare you into paying.
California is one of a few states that have their own version of the FDCPA, with more teeth than the federal FDCPA, to protect people from violations that are committed by collection agencies.
Google the California Fair Debt Collection Practices Act (aka Rosenthal Fair Debt Collection Practices Act)
And also Google the California Penal Code
Do some reading and learn what a collector can do and what they cannot do,(and how much it could cost them if they violate)
You should also read the FDCPA and the FCRA, you can Google those also or you can use the links to them I've provided in my profile.
Send them a debt validation request.
Do not sign anything you ever send to a collector, only type your name or print your initials.
Always send any letter to a collector by certified mail, return receipt.
When you get the signed cert mail green card back from the collector, send a dispute to whichever CRA they are reporting on (TU, EQ, EX)
When the collector sends the validation, or after 35 days from their receiving your request, send the collector a SOL letter, include a cease and desist in that SOL letter.
You can probably find sample letter templates through Google, just make sure the ones you find are free to use. Never pay for what you can get for free.
Or, you can go to the last link I've listed in my profile to a free credit discussion board where you can find the sample letters, the SOL statute for your state to include in the SOL letter, etc..
What is the statute of limitations for utility debt that has been turned over to
Posted in the Roanoke Forum
#1 Nov 13, 2013
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