Legal Question in Credit and Debt Law in North Carolina
Validating Debt. and Statute of Limitations
I have sent 2 certified letters requesting validation of a debt.They never sent anything. Now law firm is sueing me.Requested validation via certified mail and received a simple 8 line''summary'' and that is all they will send.I am requesting this info for one I disagree with balance and for 2 the last payment on the account was made over 3 years ago and in NC SOL is 3 years.The collection agency when notified of this then went in and changed my credit report to show a more recent payment being made so that it looks as though I made payments and the SOL restarted.I know they cannot verify any payments for their dates and the original creditor has the date of last payment over 3 years old .Do I have a right to request more validation and proof of the debt besides the paper stating my name,address, account info, and balance? Can I request statements or copy of payment they claim I made?Is it not illegal to go in and change payment info just to restart the SOL? Does in fact the SOL run from date of last payment or date of first delinquency?
Thank You
1 Answer from Attorneys
Re: Validating Debt. and Statute of Limitations
Your question is fact specific. It sounds like you should fight this one. The SOL should start from the date of the last payment. If you are being sued, you must answer the complaint and raise all applicable defenses. Maybe you would even have counterclaims if they made false entries to your credit report.
If you can afford to, hire an attorney to assist you.
- Jeff
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