Old Debt

[Stargazer100]

My jurisdiction is: Idaho

This has probably been covered before but here goes anyway.

I have a debt on a credit card that is over 6 years in default.
I know that the SOL in Idaho is 4 years on Open Ended Accounts.
I have started recieving calls and letters from ARS National in connection with the account. I also recieved a letter from Capitol One Services, LLC stating that it has been charged-off but indicates no amount and only refers to the account number.
ARS denies the fact that the SOL applies to this account. In fact they get very rude when I point this out even though I have said that I have contacted my State AG's office and verified that this is the case.
Is a Cease and Desist letter appropriate in this case?

 

[Michael Wechsler]

Did you ask ARS why the statute of limitations does not apply? They may have a reason why it is tolled. If you feel your right, they can take you to court and sue you and your defense would be that the statute of limitations has run its course. If you're right, the case will be dismissed, with prejudice.

 

[Stargazer100]

If there has been no activity(payment, promise to pay or repayment agreement) on the account for over six years what possible reason would the SOL not have a bearing?
And what do you mean dismissed with prejudice?

 

[Michael Wechsler]

If there has been no activity(payment, promise to pay or repayment agreement) on the account for over six years what possible reason would the SOL not have a bearing?
And what do you mean dismissed with prejudice?

You might be right but I have no idea whether (a) you're applying the SOL correctly, (b) whether there is a reason to toll the SOL. If you know the law, my question to you is why aren't you challenging the plaintiff who bought your debt to show you why the SOL has no bearing? Dismissal with prejudice means the case is finalized and cannot be brought again.