Please advice regarding SOL and LLC Assest acceptance?
Hello,
I used the credit card to pay my tution fee in fall 2000. Then I never got financially stable to pay back. I never paid the credit card company anything. They sold my account to some collection agency and then that agency sold the account to Asset acceptance LLC , a warren Michigan based company.
I pulled my credit report yesterday. The report is showing me that I have paid some money to the creditors in march 2003. Which is incorrect. So, my SOL extends to 2009. The report also shows the Maximum number of delinquency days are 120 days which I do not know is correct. I am using transunion.
I do not exactly know that how to calculate the SOL but is it not the start from the day on which I missed the first payment. I used it in fall 2001(December 2001) and I did not pay anything back since then to the original creditor. And I live in michigan which has SOL limit of six years. Am I right or wrong?
Please adivice!
Regards,
John
Asset Acceptance is a bogus company. Make sure that you engage in debt validation. Debt validation is where you send them a letter asking for proof that the debt is yours — you can find a sample validation lettere here: http://overcomingyourdebt.blogspot.com
Since the first 30 days has probably passed, debt validation doesn’t really have the effect that it has at the beginning. Consumers should not ignore letters from collection agencies and always respond to those notices. They are required to verify the debt in 30 days and collection activities cease. Also, if they can’t verify the debt, then it makes it harder for them to put it on your credit report. However, if you fail to ask for this, then after 30 days, the are allowed to assume the debt is valid (but that doesn’t mean you’re liable) and can place it on your credit report and begin actions to collect.
You should look at all your credit reports and not just transunion. Transunion might report one thing but the others, Experian and Equifax, might say something else. Dispute this addition to your credit report with the credit reporting companies and inform them that your account has probably been re-aged.
You might want to track down old bank statements since if you’re sued, you will want to be able to show the court you never made a payment. In my mind, the SOL has tolled, and you are in the clear.
The SOL begins the month following your first missed payment. So if you paid your tuition in September 2000 and never made your October payment, then the SOL would have tolled November 2006. In some states, leaving the state halts the SOL. For example, if you lived in Michigan until 2004 and then returned in 2007, you’d still have a year to go.
In your debt validation letter, you could also mention that the SOL has tolled. They might stop harrassing you.
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