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fireyone
Joined: 26 Feb 2008
fireyone's page
Posts: 4500
8812 Magic Points
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Subject: Debt validation
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Wed Dec 23, 2009 3:07 am
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| I sent out a debt validation letter that was signed for on Oct.22 of this year. It has now been two months since requesting validation and the SOL on this "supposed"debt ran out in Nov. I was only an authorized user on the account and do not even recognize it.I am pretty sure I was not responsible to begin with but I wanted to check and see if since they did not respond to the validation request and it is now past SOL does this mean I am safe from any further actions? |
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Justin
Joined: 17 Jul 2006
Justin's page
Posts: 1298
28935 Magic Points
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Wed Dec 23, 2009 10:03 am
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Even when your debt gets past the SOL, you could still be sued in a civil court (by your creditor) so that your creditor or collection agency achieves a judgment. Under such circumstances, you'd need to visit the court of law and offer your explanation. You should remember that the SOL shows through a few years before your debt actually gets removed from your credit report.
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Justin |
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fireyone
Joined: 26 Feb 2008
fireyone's page
Posts: 4500
8812 Magic Points
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Wed Dec 23, 2009 11:32 am
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| Hi, Justin, Yes I do relize I could still be taken to court. but wouldn't the SOl be my defense at this point? What happens that they did not validate? What penalties does a collector face for not validating a debt. It has always been my understanding that they lose their right to collect on the debt. This is still that "ghost debt" I have posted about in the past, where I was the authorized user. Niether my husband or I recognize the debt and it is not on his report. |
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cinnamngrl
Joined: 01 Nov 2008
cinnamngrl's page
Posts: 479
2720 Magic Points
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Subject: I disagree with Justin
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Sun Jan 17, 2010 3:28 pm
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yes they can take you to court but by using SOL as an affirmative defense they will lose.
But why gloss over the fact this person was an authorized user? it should even be on the report. How did an AU get referred to a collection agency? Are we really taking about an original creditor? OP if you're out there, who is the OC?
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