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URL:  http://boards.fool.com/the-settlement-offer-is-a-con-just-ask-i-22110351.aspx

Subject:  Re: Collection Agency Settlement Letter Date:  2/23/2005  9:55 AM
Author:  xtn Number:  198036 of 308782

The settlement offer is a con, just ask I described. After 7 years you do not owe the debt; they are just trying to trick you into reaffirming it. So let them sue. All you have to do is show up in court and say, "Your owner, I have documentation proving this debt is over 7 years old and I am under no obligation to pay it." And the judge will say case dismissed. Then you can counter sue the CA on the grounds of fraud and extortion.

Fuskie:

I believe your facts are a little stretched.

After seven years from the day 180 days after a default, the item may no longer remain on a credit report.

After your state's statute of limitations runs out, the item may no longer be a valid reason for a lawsuit.

Niether of those facts imply you do not owe the debt.

If your defense in court is that the debt is over seven years old and you are under no obligation to pay it, the judge may not dismiss the case at all. The successful defence would be that the case falls outside the statue of limitations for such matters.

An attempt to collect a debt, as long as it doesn't violate the laws governing such activity, is not fraud or extortion. There is no law I am aware of preventing anyone from attempting to collect on a debt due to its age.

xtn
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