The Statute of Limitations

I would think that the Statute of Limitations is up on this. It cannot show up on your credit report after 18 years…. don’t worry about that and if it does – contest it. A nice certified, registered letter to the collection agency in question with

“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 I have checked with my State Attorney General (http://www.fair-debt-collection.com/attorney-general.html) and verified that the Statute of Limitations for enforcing this type of debt through the courts in xxx State has expired. 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 or any other matter except to advise me that your debt collection efforts are being terminated or that you or the creditor are taking specific actions allowed by the FDCPA or my state laws.

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. Be advised that I tape record all phone calls and violations of the FDCPA can result in you or your company being personally fined up to $1,000 per incident.”

Maybe it’s someone else with the same name. See if the birthdate matches yours. Contact the DMV again, ask what court the ticket was issued and the ticket
number. Contact the court DO NOT GO DOWN IN PERSON… ask for a copy of the ticket to verify your signature. In Cal. if you do not pay a ticket a warrant is issued for your arrest. If you go down in person, they will arrest you. I don’t know if there is a Statute of Limitations as the laws are different for government issues. I would also ask the DMV and the court if there is a bench warrant.

A similar thing happened to my brother (who was in the hospital) and it took me a year to get it corrected, and it was the courts fault. He was arrested twice for the same ticket and I went to court 3 times to clear it up. If the court or DMV makes a mistakes, by law, it’s up to you to correct the matter, not theirs.

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