Need help with old debt and statute of limitations

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Replied by Rob72830 on topic Re: Need help with old debt and statute of limitations

Shark that is a big chunk of change. If it was me, I would talk to an attorney before I sent that letter. $11,000 is a very large amount of money and even if the SOL has run out, they may still try to sue. I would imagine for a large sum as that, they will do everything in their power to collect. Remember, they buy those debts for pennies on the dollar! The profit would be tremendous. Even if it is dismissed, it will still cost you more money to fight it. I know lawyers cost money but lawyer's fees for a letter to desist from further collection efforts or something to that nature would be cheaper than going to trial. Remember, your not talking small claims here. I don't know about Florida but I think here in Arkansas a letter from a lawyer is around $200. I would not send that letter, let the lawyer send it. That way Portfolio knows you mean business and if they do sue you, you already have an attorney who represents you. I am not a lawyer but years ago I wanted to be one and did actually study some law. Hope this helps you. Good luck. Let us know what happens:cheesing:
Also make sure to tell the lawyer about the harrassing phone calls.
11 years 5 months ago #31

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  • shark6
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would like some advice from some of the gurus here:
My situation, I had a debt with Citibank several years ago that was purchased by NCO. The last activity on this account was in 2001. For the last 2 yrs off and on, I have received offer in settlement from NCO- original debt was around $11k but it blew up to $21k with interest. It fell of my credit report late last year.
NCO sold it ot portfolio recovery and the last 5 mths, i have received a few letters of settlement with the last one being for $11k. I have not communicated with them at all.
Now, 2mths ago, they have sporadically called my cell phone with the last month, every day around noon. My credit report has dramatically improved and my scores have gone from 525 to over 630. Portfolio or NCO, I forgot which pulled a hard copy of TU about 6mths ago. I feel that they may be getting ready to file against me. This debt originated i MD and now I live in FL. MD and Fl's SOL is 3 and 4 years so I know that I'm good there.
I have cobbled together a letter that I plan to send tomorrow CMRRR to Porfolio Recovery but I would like to make sure that I'm nt making any mistakes. I'm hoping that they see that I'm an informed consumer who is aware of the Statute of limitations defense.
Please critique letter below and advise if you think that i'm doing the right thing. Thanks.


Portfolio Recovery Associates, LLC
140 Corporate Boulevard
Norfolk, VA 23502
Re: NCO/Citibank
Dear Portfolio Recovery Associates:

This letter is in response to your communication concerning the collection of the above referenced account ###, please note the following:
I do not believe I owe what you say I owe therefore I dispute this debt. I am well aware of my rights under the Fair Debt Collection Practices Act (FDCPA) and my state laws so I hope to save both of us a great deal of time by letting you know that not only do I dispute the validity of this debt, I have also checked with my State Attorney General, Bill McCollum, and verified that the Statute of Limitations for enforcing this type of debt through the courts in Florida has expired.
Therefore, should you decide to pursue this matter in court I intend to inform the court of my dispute of this debt and that the "statute of limitations" has expired.
This letter is your formal notification that I consider this matter closed and demand that you, or anyone affiliated with your company, stop contacting me regarding this or any other matter except to advise me that your debt collection efforts are being terminated or that you or the creditor are taking specific actions allowed by the FDCPA or my state laws.
Be advised that I consider any contact not in accordance with the Fair Debt Collection Practices Act a serious violation of the law and will immediately report any violations to my State Attorney General, to the Federal Trade Commission and, if necessary, take whatever legal action is necessary to protect myself. Be advised that I tape record all phone calls and violations of the FDCPA can result in you or your company being personally fined up to $1,000 per incident.
11 years 5 months ago #32

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