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SOL is expired. Should I do anything?

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Subject: SOL is expired. Should I do anything?
 
Posted on Fri Jan 14, 2011 12:16 pm  

There is an expired SOL debt in my credit report. It's an old bill that got closed in August 2004. Afni has NEVER contacted me about this and i just found out when i checked my report. it has been there since 2009. Should i do something about this or just wait the 7.5 years to contact the CRAs to get it removed from my credit report? Also, the 7.5 years start from 2004, right? Not 2009?
Aaron

Aaron

Joined: 08 Feb 2010
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48565 Magic Points

 
Posted on Mon Jan 17, 2011 1:03 pm  

I've heard of such listings existing in the Credit reports for quite a few of us, even when the thing got past the SOL. So, it's better that you don't sit idle. Dispute any negative information with the bureaus.
carmen
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Posted on Tue Jan 18, 2011 9:15 pm  

Thanks for the responses. I live in nj. Yes, the company is AFNI. I just got off the phone with them and told them that the statute of limitations had expired on this account and the man asked me who i got this info from because there is no statute of limitations in nj. The account was from July 2004 so it should have expired in 2010 right? They never contacted me by mail or by phone or anything. I saw it recently on my report that they put it there on August 2009, and i contacted them.

The man was very rude and started yelling at me on the phone. I requested a validation letter and the guy went beserk! What should I do about this case? Should I mail in the request or take a different route? Thanks in advance!
cinnamngrl



Joined: 01 Nov 2008
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Posted on Tue Jan 18, 2011 9:30 pm  

According to federal law the statute of limitations on Telecommunication bills is 2 years. Not all state courts respect this, but clearly this guy doesn't respect any law. Remember that SOL is an affirmative defense, so they can still sue. you should be able to raise this defense and win. I would send a cease and desist letter by CMRRR. if he calls again you may be able to make some money
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