Continuation of Collection Activity after Debt Validation Request plus Debt Past the Statute of Limitations

You've received a letter from a debt collector and sent them a debt validatnoi request. They have ignored your letter and continued collection activity. You also realize that this debt is past the statute of limitations.

It's time to get tough, so you send them the following letter.:


Date

To Whom it May Concern:

I recently sent you a request for debt validation on Dec 28 because you at you are reporting a collection account on my credit report. I sent this request certified and got the green card in the mail dated Jan 4.

In response I received a collections letter. In this letter, you mentioned that the date of last payment on this account was March of 2004.

Two things:

  1. Your company is now in violation of the Fair Debt Collection Practices Act because you failed to provide debt validation and you then continued collection activity. I'm sure you know, under FDCPA Section 809 (b), you are not allowed to pursue collection activity until the debt is validated.

  2. The statute of limitation in California is 4 years. It's been 5 and a half years since this debt was active. Therefore, you've racked up a second FDCPA violation for mis-represntation of the debt as collectible.

 

[15 USC 1962e]. False or misleading representations
(2) The false representation of --
(A) the character, amount, or legal status of any debt;

 

Reporting this on my credit report is considered collection activity and therefore you are implying this debt is collectible, when it is not.

The violations of the FDCPA carry a fine of up to $1000 plus actual damages.

In addition, you are reporting this account on my Experian and Trans Union credit report when it is now non-collectible debt and I am sure you have no documentation proving you've purchased or been assigned this debt. That's in addition $2000 in fines under the FCRA for inaccurate reporting to the credit bureaus.

I'm sure your legal staff will agree that non-compliance with this request could put your company in serious legal trouble with the FTC and other state or federal agencies

Your Name

 

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