Legal Question in Credit and Debt Law in Missouri

A debt buyer claims to have purchased an old credit card debt that I believe matches an account my wife once had. If so, the SOL period began in late 2001. The account number on the collector's mailpiece is NOT the same as the original creditor's account number that seems to match. Should my letter challenge the incorrect account number, assert the SOL defense or do both at the same time? I have a week or so to send the collector a request for verification.


Asked on 2/08/12, 8:51 pm

1 Answer from Attorneys
Anthony Smith LawSmith

Your letter might assert all those diputes. But, keep in mind that the SOL period runs from the date of last payment or written promise to pay. So, if she got the card in 2001, and made payment in 2004, the SOL may run for a few more years. If the account number is differnet thatn she shoudl deny that she has that account (or owes any debt on the account) and that she demands verification. She should also demand to knwo if they are attemtping to collect for an entity that is different in name than an original creditor.

Your wife should consult direclty with a collection attorney in her area. Many offer a free or low cost initial copnsultation. She needs advise specific to the particular facts of her matter. She should not rely just on the general advice that one can give here, based upon yoru general descriptuion of the situration.

Good luck

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Answered on 2/09/12, 8:08 am


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