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re: Need help resolving fiance's credit card debt issue(seeking collection)

Posted on 6/12/13 at 2:00 pm to
Posted by JonTheTigerFan
Central, LA
Member since Nov 2003
6791 posts
Posted on 6/12/13 at 2:00 pm to
quote:

In LA its 3 years. Also, being sued on this could be a violation as well, since under the FDCPA you cannot sue on a debt that has passed its statute of limitations. WHAT WHAT


This. She's outside the statute of limitations and they are just trying to scare you into paying them. Bank of America likely sold that account and charged it off long ago. The collection agency is trying to play on her and your ignorance of the laws. If you or she don't feel a moral obligation to pay it off, send them a validation letter (which they won't be able to validate the debt since it is outside the SOL) then a cease and desist letter and be done with it. They won't sue and it's fallen off her credit report.

ETA: I think the SOL for revolving debt in Texas is 4 years. Just google it.
This post was edited on 6/12/13 at 2:04 pm
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