Avoid Admitting Ownership

[ARand]

I am perhaps over analyzing this, but how do you tell a collection agency that the debt they are trying to collect is past the SOL (and to buzz off), and yet avoid admitting that the debt is your own?

I keep reading that you should never even hint that the debt is your own within a validation or a cease communication letter, but I kind of need to tell them that they are trying to collect on a 'zombie debt' and that the debt is at least a decade beyond the SOL. Doing so would seem to admit that I own the debt.

Sorry to be so naive about this topic.

Thanks!

[poorbloke]

i would think you can admit you owe it if its out of SOL and there is nothign they could do to collect, am i correct on this?

[KittyG]

I think you have a couple avenues.. Dispute w CRA. Then send a DV or 623 letter to them. Request that they provide proof of the debt that it's yours, including the dates. Mention if they are attempting to collect a debt that is not yours that you will be forced to take further actions, including legal actions...etc.. I'd consider adding if your attempting to collect on a debt past the statue of limitations, you will notify the Attorney General for your state, etc... check for all possible violations on this board... I would get them to provide documentation of the past SOL dates - they prob don't have real documentation and it may come off & send to the CRA's proof..and say to the CA if this alleged debt you claim is for this date, it's past the SOL and must be removed.

[debtorshusband]

I agree with poorbloke that there's not much risk to admitting the debt is yours if the SOL has expired.

But how does this sound:

Dear Debt Collector,
This is in response to your letter dated xxxxx, a copy of which is enclosed for your reference. I have been contacted by collection agencies in the past about this alleged debt, but when I requested documentation to support their claim, they were unable to provide it. However, in the process, I learned that the account is so old, the SOL for the state of Georgia has expired. Therefore, I consider this matter closed, and you are not to contact me again.

Regards,
DH

[ARand]

Thank you for the kind replies and clever solutions. I especially like your sample letter, DebtorHusband.

Thanks!

[scarrolls]

If they'd been giving me a really hard time, I'd add cc: Attorney General to the bottom of the letter.