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Disputing Credit Card Debit

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  • 04-30-2009, 08:07 PM
    jjeank320
    Disputing Credit Card Debit
    My question involves collection proceedings in the State of: Indiana
    I have tried reading through all of this information and I am over-whelmed. In Jan of 07 I was contacted by a debt collector over a credit card debt. I wrote a letter disputing the claim and requested that they provide me with paperwork they had to substantiate the claim. Their reply was it was a sears card opened in 1993 and charged off in 2003 (this was their proof of their claim). At that time the amount was around $1000. I also sent them a letter to cease and desist any communication except by mail. Last communication was 9-07.

    4-09 a different debt collector has contacted me and now the balance is $1,600. I just sent them the same letter requesting the paperwork and to cease and desist.

    Is there some sort of time limit on this or by the time I am 80, will I owe, $20,000 :confused:

    Is there anything I can do?? I need simple instructions
  • 05-13-2009, 09:02 PM
    LawResearcherMissy
    Re: Disputing Credit Card Debit
    What was the date of first delinquency?

    In the state of Indiana, the SOL to bring suit for credit card debt is six years. If you've been delinquent for 6 years, filing suit is useless to them.

    They can, however, keep selling the debt and bugging the daylights out of you until the heat death of the universe. All you can do about that is what you've been doing - send a cease and desist letter.
  • 05-17-2009, 11:21 AM
    ping
    Re: Disputing Credit Card Debit
    Quote:

    Quoting LawResearcherMissy
    View Post
    What was the date of first delinquency?

    In the state of Indiana, the SOL to bring suit for credit card debt is six years. If you've been delinquent for 6 years, filing suit is useless to them.

    They can, however, keep selling the debt and bugging the daylights out of you until the heat death of the universe. All you can do about that is what you've been doing - send a cease and desist letter.

    Send a cease and desist with the added provision that that this account is time barred. (commonly called a FOAD letter.)

    they cannot contact you again, and threatening legal action on a time barred debt is an FDCPA violation.
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