[dekker23]

An old car debt from 1998 has come up.

I just received a letter that says it is a settlement offer and was sent because I did not respond to their previous notifications. This is the first I have heard about the matter in over 6 years. I have read about Colorado's SOL and it is currently 6 years.

Since I did not receive an original notification can I treat this as my first?

If so, how do I word the letter so as to state the SOL has run without admitting to owning the debt?

I recall my credit report from 2.5 years ago showing a Bad Debt charge off and my most current report does not show any of it (from all three agencies).

This could not come at a more inopportune time as I am in the process of buying my first home and a collection on my credit report could seriously hamper that effort.

Any and all advice would be greatly appreciated

Thank you!

Dekker

[Mr. Knowitall]

Collection Agency
Collection Agency's Address

Subject: [Account Name / Account Number]

Dear [Bill Collector],

This letter is in response to your letter dated DATE, 2005concerning the collection of the above referenced account. A copy of your letter is attached.

I do not believe that I owe this debt, and therefore I am disputing this debt. I have verified the state statute of limitations for debts of this type through Colorado courts as six years. Therefore, the statute of limitations for the collection of this date has expired.

I hereby request that you take the following actions:

1. Please contact any credit agencies to whom you have reported this alleged debt, and inform them that I am disputing the debt; and

2. Please also forward a copy of this letter to the creditor who alleges that I owe the debt at issue, and inform them that I am disputing the debt.

Except as specifically outlined herein, I am requesting that you cease all contact with me about the alleged debt. Any further contact should be strictly in conformity with the FDCPA: It should be limited to providing me with the documentation requested in this letter, informing me that you have ceased collection efforts on the alleged debt, or stating that you are taking a specific action in relation to the debt such as commencing a collection lawsuit. Obviously, I would raise the statute of limitations as an absolute bar to any lawsuit.

Any further contact should be made in writing, and should be submitted to my home address by mail.

(Sign above name)
Printed Name

[dekker23]

Thank you so much for that.

Should I add something in there about this being the first notification I have received from them?

[Mr. Knowitall]

Yes; it can't hurt, so why not document your side.

[jrtate]

I received a judgement in the mail for garnishment of my wages for a vehicle I purchase back in 1995 from a finance company saying I owe them $15,000 which includes interest. I think this is an outrage. The car had so many problems (which I only had the car for about a week) that I gave it back to the dealership and requested by money back with no strings attached. I took them to court back then also. It was a complete nightmare.

I need to know if this finance company can come to me 11 years later and sue me for something I don't have.