Its off credit report cuz of SOL, but DH still wants to pay it

Discussion in 'Credit Talk' started by vivalamama, Feb 28, 2008.

  1. vivalamama

    vivalamama Active Member

    Ok, so you all know I'm in the pita process of cleaning up my credit and paying off old debt. Now, here is where DH and I are lightly bumping heads in a moral sort of way. I had a credit card many moons ago that was in collections. It was in collections and went unpaid due to unforeseen circumstances. Here's the hiccup...its not on my credit report (from all 3 cra's) and hasn't been for a couple of years because it reached the SOL. Now I say let sleeping dogs lye, I don't want to go knocking on doors trying to find out about this debt to pay it off when its technically not even an issue anymore. But DH says to "try and look into it" because, well, guilt factor really, that its money owed. I have the same problem, because its money I know I owe, so I feel like I should pay it. But I'm really hesitant to go poking around trying to find something that's not been on my report for a few years now. So what do you guys think we should do, should we just leave it be, or should we go poking around seeing who had it last and try to pay it off? I feel bad not paying a debt I know I owe, but I'm really nervous about opening anything up that's been closed and gone for a long time now. Any advice is appreciated!
     
  2. Hedwig

    Hedwig Well-Known Member

    If it's been sold, any money you pay is not going to who you borrowed it from.

    Why not take that money and donate to a charity. The original company isn't going to get anything out of your payment (with a few exceptions of companies who don't sell their paper).
     
  3. chantress1

    chantress1 Member

    I am by no means an expert, but just a person trying to clean up my own credit. I would go by the saying "let sleeping dogs lie", from what I have read and understand, if you pay this bill, they could and may report it on your CR, and even though it will reflect a "paid" status, it will still show as a deliquent record. As of now, its out of date and cant be report, so even though "morally" you know you owe the money, that doesnt mean that the creditor will feel that way and be good to you by not reaging it and putting it on your CRs. If you feel you must pay them, write them, offer to pay them, but ONLY if they do not report it. Do it certified mail with signature required, and make sure they send you a letter agreeing to the terms, and saying they would not report it. That is the only way I would pay it, and risk opening up any old unwanted debt on a CR. Good luck with it all.
     
  4. woofer

    woofer Well-Known Member

    I like your idea Hedwig. :)
    If the poster knows who the OC was and they never sold or transferred the debt then she could pay back the OC
    if she really felt the need. I would prefer to use the money on doing a good deed in my area, and get the deduction to boot!
     
  5. vivalamama

    vivalamama Active Member

    See that's what I was thinking, the OC won't see a dime of it, and the last CO that had it is nasty nasty one to deal with. So even though I don't like not paying money I owe, from my stand point, I would rather just leave it be then to pay it and create more problems then some guilt for not paying it. I would much rather prefer save the money and put a new roof on my moms house in the spring. That, morally speaking, I would be much much happier with then handing over money to a CO that's just going to create problems where there aren't any right now.
     
  6. flacorps

    flacorps Well-Known Member

    Do you plan to buy a new home or refinance the one you have at any foreseeable point?

    Old debt never dies. If it's in the hands of a JDB, at some point you are likely to get a 1099-c because after the "Debt Buyers Association v. Snow" case whoever has it must send a 1099-c if they go 36 months without collection activity.

    And if it's in the hands of a nasty JDB ... a couple of things will happen. One, they will lurk, waiting until a propitious moment to place a reaged TL on your reports (in an effort to derail a homebuying or refinancing process by popping the TL on there between the first pull and the second pull). Or they may try to sue and get a default in some distant place (or even nearby using "sewer service") then let that judgment season for a year or however long it needs to wait before it becomes difficult to get vacated. Many times you'll never know this has happened until they zap your bank account or take some other nasty action.

    There are also JDBs of the "Buffalo School" of abusive bill collectors who will call every friend, neighbor and family member and tell them about the bill ... they violate the FDCPA like crazy, but guess what? Suing them does you no good, they're far away. When enough judgments accumulate to make life difficult, they just fold it and open up another one ... using the same database of charged-off debt and calling all the same debtors. These are the guys who get caught posing as lawyers, cops and fraud investigators time and time again. And they still do it. Your debt could eventually fall into their hands as well. So if you don't mind having a case of the buffalos somewhere down the road...

    I'm not saying this debt has to be paid from a moral standpoint. I don't believe in that. I am saying you might want to find out who has it and see if it can't be settled for a nominal amount (say 30% of what they're asking) with a settlement agreement that it's doubtful and disputed and no 1099-c will ever be issued for the balance that once had been claimed.

    Even that won't stop it from ever being sold again, sued on or what have you ... but that settlement agreement and your canceled check will be a powerful talisman against certain evils that could befall you otherwise...
     
  7. bizwiz41

    bizwiz41 Well-Known Member

    How much $$ are we talking about here? That may make a huge difference.
     
  8. gib

    gib Well-Known Member

    No telling how much has been added to it in outrageous interest and collection fees. Then also, if you aren't careful you might re-start the SOL by acknowledging the debt. I say let it go.
     
  9. vivalamama

    vivalamama Active Member

    Biz wiz and Flacorps

    Bizwiz, its for $1000, which is actually the original amount I owed on it surprisingly. So I'm not entirely sure that what would be enough money for all the hassle it would be for them to sue me or anything.

    Flacorps, no we're not planning on buy or refinancing our current home. We've only been here a few years and are pretty happy here. This was all spring boarded by a new money mgt program we heard about. Its not a debt consolidation or anything, its by Dave Ramsey...so if you follow it right, come time to buy our next home we'll be able to just buy it out right without a mortgage. The whole point of this program really is to NOT need credit anymore. And so far, following this program, we've been able to pay off more then $6k of debt in 4 months without really having to change our lifestyle at all. So would you still recommend looking into it?
     
  10. flacorps

    flacorps Well-Known Member

    Well, there is another option.

    You can bait 'em, tape 'em, and go after 'em on FDCPA violations. Playing dumb and denying a lot but asking what they can do if you don't pay tends to bring out the violator in any exasperated, ill-trained cube drone.

    Flyingifr made a profitable hobby of suing creditors for violating his rights on stuff he actually owed, and consumers around the country owe him a debt of gratitude and their emulation until the JDB industry is garroted by a million lilliputians.

    The flyingifr program can get you to Dave Ramsey nirvana quicker than Dave Ramsey himself.
     
  11. gib

    gib Well-Known Member

    Lizardking and others here were suing long before someone decided to name it after themselves.
     
  12. bizwiz41

    bizwiz41 Well-Known Member

    Bottom line, if paying the $1,000 makes you feel better about yourselves, then do it. I understand the emotional part of this, if it causes one of you to lose sleep, then pay it and move on.

    But, you may want to offer a reduced amount for a settlement, and whatever you do, make sure everything is in writing, specifically NO reporting to CRAs. End it clean.

    There is no advice we can give that will change your husband's mind, pure and simple. If you can afford the $1,000, do it for the sake of your marriage, that is "cheap money".
     
  13. vivalamama

    vivalamama Active Member

    Our decision...

    Ok, so we talked about it last night and what you guys have said too. We've decided that we'll just dump the money in savings for it now probably, if not just forget about it completely. So if nothing else at least we'll build a little interest on it if we decide to save it. Because within two weeks here, the only debt we'll have left is some on my car and my husbands bike (both which will be paid off by the end of the year) and our house. So, should for some reason they decide to pop up down the line we can either just pay it and be done, or if we're feeling saucy we'll just sue them for FDCPA violations because its well after the SOL. We don't make that much money, but we've been able to allocate our funds better so the only thing we'll have left each month is regular bills that people just have, food, gas and so forth. So even if we don't save it, should it pop up either suing or paying it off won't be a big financial blow like it would have been to us last year. So we'll probably just leave it be and deal with it should it pop up for some reason later. Because the OC won't see a dime of it, and we're not going to be doing any financing of anything. So getting the money to handle it later if we need to won't be a big stressful ordeal. I hate to sound "preachy" or anything, but between that Dave Ramsey total money make over, and all the great advice I've gotten on here...in 2 weeks we'll be able to just throw money on our car and the house and man oh man does that feel good! I can't thank you guys enough for all the great advice I've gotten on here, its been such a HUGE help to have such a great resource to get advice and guidance!!! I can't wait to do a little debt free dance, lol!!!
     
  14. flacorps

    flacorps Well-Known Member

    Unfortunately, it turned out that LK was doing a bit more than suing legit creditors he hadn't been able to pay.

    IIRC, the Lizardkingexposed website pretty much assembled puzzle pieces that depicted a fraudster hiding behind false allegations of ID theft that he himself and engineered by, for instance, varying his signature on documents that he would later claim he never signed.

    I know flyingifr's real name. And it's not tough to find out what it is, nor do I think he hides it. The method is named after his posting handle ... which I think is a lot less indicative of inflated ego than what, say Dave Ramsey does.

    Which is not to deny Dave Ramsey the right to create an approach and name it after himself. When someone is willing to attach their own name to something, it shows confidence in what they've developed.

    People sued creditors before flyingifr ... but he has been a consistent exponent for sets of tactics and methods that enable oppressed people to stand up to their oppressors--and he has not been discredited.
     
  15. woofer

    woofer Well-Known Member

    What happened to donating to a charity? How can yo go from morally wanting to pay and your husband being adamant about it, to now not paying and also not giving it away?
    Hmmmmm
    I don't get it.
    Woofer
     
  16. vivalamama

    vivalamama Active Member

    We haven't thrown our morals to the wind, lol. DH and I have been chatting online (slow day at work for him I guess!) this morning about it, meaning what to do instead of pay it off. Because we've decided that yes, we're for sure going to just leave it be for now, and cross the bridge when we come to it should it pop up later. But, here's what we're going to do instead. We're going to do some tweaking with our budget and instead, put the money towards a roof for my mom. I've done a lot of repairs to her house to make it a nice place for her, there's no one that deserves it more. But the one thing we just haven't been able to do is put a new roof on, which she really, really needs. So we're going to tweak a bit and start setting aside for that so we can put it up when its spring. She's had a hard life, and now she's disabled because of cancer, so the money just isn't there for it. So it would really mean a lot to the both of us to be able to do that for her. So what we would have been putting towards this bill, we're just going to put towards the roof. My post earlier was just about what we had decided in regards to tracking it down and paying it, or leaving it alone. The other half of the plan, we just now finished deciding on. Reading it again though, it did make us sound pretty wishy washy. We just took a while on deciding what to do with the funds instead.
     
  17. jlynn

    jlynn Well-Known Member

    Read up. They are dumping it in savings in case it does become a factor.

    Why would anyone even question this? If morals came into play, we would all pay our bills, if not on time, then whenever we can come up with the money, we would not question additional charges, interest rates, and phantom fees of CAs and JDBs. Further, we wouldn't even need this site for credit repair tactics, because, after all, our baddies did happen. ;)
     
  18. flacorps

    flacorps Well-Known Member

    One's own mother trumps any charity. If you don't believe it, just ask your mom.
     
  19. woofer

    woofer Well-Known Member

    Thanks for explaining more.
    I just get ticked off when it seems people run off their mouths and never do help someone else.
    I have heard so many times someone say to me they are going to give to our not for profit and they don't especially after I have helped them on something.
    Good luck to you and it sounds like a good plan.: )
    Woofer
     
  20. vivalamama

    vivalamama Active Member

    Couldn't agree more :) Finally an oppourtunity to do this, so we're taking it. No savings account or charity compares to all she's done for me, I'm a mama's girl what can i say!
     

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