Asset is calling me on a debt from 2002. The Texas state Statute of Limitations is 4 years, and also I successfully disputed them with 2 of 3 credit reporting agencies. I removed the original creditor from my credit report as well since they no longer exist and cannot verify the debt.
After 6 months of no contact, Asset has phoned my parents about me once again. Originally, my parents had to change their phone number due to harassing phone calls.
I am sending them a combined Cease Communications and expired Statute of Limitations letter, as follows:
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This is to advise you that pursuant to the Fair Debt Collection Practices Act (FDCPA) 15 USC 1692c (c), you are hereby notified to immediately terminate any contact with me, or any members of my family or household, regarding any matter concerning the collection of the alleged debt you are attempting to collect. This notice shall include, but is not limited to written correspondence, as well as telephone communication.
I have no knowledge of any alleged debt owed to you, and therefore I formally dispute this debt. I am well aware of my rights under the Fair Debt Collection Practices Act (FDCPA) and my state laws so I hope to save both of us a great deal of time by letting you know that not only do I dispute the validity of this debt, I have also checked with my State Attorney General and verified that the Statute of Limitations for enforcing this type of debt through the courts in Texas has expired (Four-Years Limitation Period 16.004). Therefore, should you decide to pursue this matter in court I intend to inform the court of my dispute of this debt and that the "statute of limitations" has expired.
This letter is your formal notification that I consider this matter closed and demand that you, or anyone affiliated with your company, stop contacting me regarding this alleged debt.
Be advised that I consider any contact not in accordance with the Fair Debt Collection Practices Act a serious violation of the law and will immediately report any violations to my State Attorney General, to the Federal Trade Commission and, if necessary, take whatever legal action is necessary to protect myself. Violations of the FDCPA can result in you or your company being personally fined up to $1,000 per incident.
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I have read through several cease communication and expired SOL letters to fine tune it to my circumstances. I have made sure to not use any language that could be construed as admitting owning this debt, as I don't want them to take my letter as "proof" that I owe anything.
I think they are pulling my credit reports to get information on me, but I am not certain. I have checked my free reports, but it was over a month ago now so I can't access the information any longer. I am assuming they are pulling on the report where they managed to somehow verify the debt. On the report I have access to, I don't see any recent inquiries from them and they also aren't listed on it anywhere. Transunion won't let me get my free credit report even though it's been a year since the last one because I have an "account" with them, and I can only find links to BUYING a credit report rather than updating for my FREE annual credit report, so I can't check what they have on file for me right now.
What, if anything, could I put into my letter to stop them from constantly pulling my credit report, or will the cease communications letter cover that?
Ash
Fort Worth, Texas
U.S.A.
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