lvnv is trying to threaten court with a local law firm. I am pretty sure my credit card debt ispast statute of limitations.I live in alabam and it was a sears card. I went through hard times and life has been crazy as a single mom so I dont remember all the little details but I am pretty sure the last payment was 6 yrs ago. what is sol in alabama and do i respond to these people. looked on credit repoert and it claims my last payment to this credit card was 10/05
Country relating to Question: United States
State (if USA): Alabama
That statute of limitations is the limit of the amount of time that can pass from the time the debt was due that the creditor has to sue the debtor for breach of contract (non-payment of the debt). In your case measuring from the last time you used the card to buy something, the limit is 3 years, as shown here:http://www.legislature.state.al.us/CodeofAlabama/1975/6-2-37.htmYou can inform the creditor that since the statute of limitations has passed, you believe that his statements about threatening to sue you may be a violation of Section 807(5) of the Fair Debt Collection Practices Act, shown here:http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdfYou can also state that under 805(a)(3)(c ) of the FDCPA (at the link above) that you refuse to pay the debt and that you wish the debt collector to cease communication with you.Lastly, you can sue debt collectors for violations of the FDCPA. If there is a violation of the Act, then under Section 813, debtors can collect $1,000 plus reasonable attorney's fees (typically about $2,500) for a violation of the Act. Since the attorney's fees are stated in the statute as being paid by the creditor if the case is successful, it is common for attorneys to take cases like this on a contingency basis, where the attorney is paid only if he is successful, and then he'll take payment from the creditor.I hope you found this answer to be excellent, and if you need additional information, just let me know.Thanks,Jim
I've worked for a large company for 8 years, and regularly deal with the terms under which goods and services are provided.
Do you have an example letter for a cease and decist to the company. I want to make sure I word it correctly
Sure, here you go:June 27, 2012Joe SampleSample Corp.800 Sample St.Minneapolis, MN 55555RE: Account Number xxxx xxxxx xxxDear Mr. Sample,This is to inform you that collection efforts of a debt with the above-named account number have come to my attention. This letter is to inform you that I deny owing the claimed amounts of money on this account. I refuse to pay the debt and hereby request that you and your organization cease communication with me.Under the FDCPA, I have the right to request a validation of this debt. I request that you prove that I am indeed the party who is contractually obligated to pay off this debt.It is my belief that the statute of limitations for bringing suit on this issue has passed. If you continue to pursue collection of this debt, in spite of the passing of the statute of limitations for bringing court action and my notice to you cease communication, I will contact my attorney and review my rights under the Fair Debt Collection Practices Act.To resolve this issue, cease collection efforts immediately, delete the debt attributed to my account in your systems, and instruct the credit reporting companies to delete this item from my credit reports.Sincerely,I hope this letter helps you resolve your issue. Thank you, Jim.
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