Question from a newbie

[Kmurray]

[mymymy]

Ok.. two questions, first.

What is the statute of limitations on written contracts in Utah? This debt may already be past the limlit, and thereby, uncollectable.

Secondly, have you asked for a formal validation of the debt? Since you indicate that this is a collection agency and not the original creditor- there is a very good chance that they do not have the required documents to verify that that the debt even belongs to you or that the account even belongs to THEM! They are PROBABLY not internal.. that is, a department of the original creditor(apt complex or whoever)

So, first things first... find out what the statute of limitations on written instruments is in Utah, since that is where the debt occured AND is the Date of Last Activity venue. OK?

I hope you haven't told the collection agency anything yet. If the SOL hasn't lapsed yet.. you may be able to tell them that this debt was included in the BK and send them a copy of the 341. If they want to know if they were listed, or if the OC was listed- they'll have to spend the money to find out. DO NOT DO THE WORK FOR THEM. Chances are, they are a scum sucking agency who bought the debt as "junk" debt (no paperwork like your original lease etc etc)for pennies on the dollar. Better yet.. Do Not talk to them on the phone- at all.

Let's figure out where you stand and then every action you take should be on paper... if they continue to hassle you after a few things occur, well.. let's just say, you'll be in a good position to sue them. First things first, tho.

[Kmurray]

Thank you for your fresh perspective,

According to a couple of sites, I believe that SOL for written contracts is 6 years:

http://www.expertlaw.com/library/limitations_by_state/Utah.html

http://www.fair-debt-collection.com/SOL-by-State.html#45

[mymymy]

:-) No Problem!

[Kmurray]

[mymymy]

If it were me, I would start with the request for validation... it will buy you some time in the the event that the SOL has not expired. (I do believe the clock starts ticking from when you broke your lease.. not the day you signed it..ok?) Anyway.. here's a sample validation letter.. courtesy of breeze, feel free to use it!.. just add your info. It should be very effective. After they respond..IF they respond.. and how they respond will determine the next round... (PS.. SEND ALL MAIL CERTIFIED, RETURN RECIEPT.. YOUR countdown for them to respond begins when you get the green card back with the sig and date..) Do this soon so that the 30 days or whatever time period you have left doesn't expire.. it's just easier if YOU play by the rules.. ;P

[Subscriber]
[Address]
[City state ZIP]

[Collector]
[Address]
[City State ZIP]
[Phone number]

[Date] Certified Mail No.: _____________

Re: Inquiry dated ___: account no. (none)

Greetings:

Thank you for your recent inquiry. This is not a refusal to pay, but a notice that your claim is disputed.

This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Please complete and return the attached disclosure request form.

Be advised that I am not requesting a "verification" that you have my mailing address, I am requesting a "validation;" that is, competent evidence that I have some contractual obligation to pay you.

You should also be aware that sending unsubstantiated demands for payment through the United States Mail System might constitute mail fraud under federal and state law. You may wish to consult with a competent legal advisor before your next communication with me.

Your failure to satisfy this request within the requirements of the Fair Debt Collection Practices Act will be construed as your absolute waiver of any and all claims against me, and your tacit agreement to compensate me for costs and attorney fees.

Best regards,
[Subscriber]

CREDITOR DISCLOSURE STATEMENT

Name and Address of Collector (assignee):

Name and Address of Debtor:

Account Number(s):

What are the terms of assignment for this account? You may attach a facsimile of any records relating to such terms.

Have any insurance claims been made by any creditor or assignee regarding this account?
Yes / no

Has the purported balanced of this account been used in any tax deduction claim?
Yes / no

Please list the particular products or services sold by the collector to the debtor and the dollar amount of each:

Upon failure or refusal of collector to validate this collection action, collector agrees to waive all claims against the debtor named herein and pay debtor for all costs and attorney fees involved in defending this collection action.



X________________________________ _________________
Authorized signature for Collector Date

Please return this completed form and attach all assignment or other transfer agreements that would establish your right to collect this debt.

Your claim cannot be considered if any portion of this form is not completed and returned with the required documents. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. If you do not respond as required by this law, your claim will not be considered and you may be liable for damages for continued collection efforts.

Hope this helps..