Ok........ Got a call from an automated machine from PRA saying to give them a call about a debt. They didn't say who was to call. So, thinking that my current struggle with Capital Management Services was the last of the Mohicans, I called just to make sure they didn't have a wrong number. I've only had it for about 6 months and it's in my wife's name only. Well, it was for me and it was about a debt from 1987 or 1988. I know the debt was charged off because I pulled a credit report back in 1995 or 6 I think and it was on there. (I didn't care at the time.) I haven't heard hide nor hair about this until today. Wayyyyyyyyy past the SOL in any state. I haven't made a payment to the original creditor since 1988, 1989 at the very latest. 1. Am I correct in assuming that even though it's a write off or charge off that the debt is still collectible.....however since it's about 20 years old the SOL makes it noncollectable? 2. I told them that I don't recall the debt and don't believe it's mine. "Because it's so old, you don't recall?" He asked. "NO, because I have no recollection of it. Period." Knowing not to admit or talk it out on the phone because of the age of the account. I told him that I am writing a cease and desist order not to call my house. If they have anything to say to me, they could write me. He asked to verify the address and I said I'm not saying anymore. ***So....correct me if I'm wrong here. PLEASE. My plan of attack is to: A. send a cease and desist, no telephone communication order. They have NOT sent me anything yet. But, I'm sure they will now. B.also stating that I am disputing the validity of this alleged debt. Any and all parts of the debt are being disputed. C. In the same letter...asking for verification, validation, a "credit of account" from the original creditor---not one they have in their system of records. A copy of the original contract with my original signature, An "associate of entity" agreement between them and the original creditor showing the OC gives them the power to contact me and to bill me, and a document showing when and if the "alleged" debt was written off or not. ***Is this good or not? Should I just send the "cease and desist" or all of it, since I already made contact OR should I wait until they send me some kind of bill saying I owe something. I was very careful with my words, because the call was recorded on their end. They haven't sent me anything, but they may or may not have a recording of them making contact with me. ****Should I also state in the letter something about taking them to court if they start messing with my credit reports? My main concern is that my credit reports are finally getting on the right track and I don't want them screwing with my credit report with a bunch of BS. The debt is only about $350 bucks....but that doesn't give them the right to suddenly chase me after 20 years. I lived in KY at the time, but now living in Indiana for the past 6 years I think. SOL for KY is 5/open accounts and 15 written contracts. Indiana is 6 and 10. I believe I got approved for a charge card, but either way....2004 in KY was the latest they could have made me pay, I believe. I hope some of you will help advise me. Thanks!
Oh....I'm not into playing games with these creditors. How many days does the credit agency have to respond to the demands I made in my previous post? Validation, statement of account from the original OC, a copy of the original contract I signed with original OC ect.... I don't wish to send a second and third letter to them.
I would wait until they contact you again.When they contacted your voice mail did they say if was to collect a debt if it wasn't their in violation if they call ask if you can record them.so you can play it for your attorney.
Yeah, the recording didn't say who they wanted...but it said to please call them at "such and such" number. This is to collect a debt and all calls may be recorded. I called them back to make sure it wasn't a wrong number. I guess with all my credit report updating and pulling this year....all the old collection agency's know where to find me now. It hadn't been updated or pulled by me since around 95,96, or 97. Now that all the bad stuff is off....they're everywhere! LOL. I sincerely believe that THIS one is the last one to deal with. So, I got two going at the same time and worried about keeping my credit report and scores in tact.
I guess I should also add...... SOL means the amount of time that can elapse before they're "time barred" from suing you over a debt. SOL has nothing to do with the 7 year reporting. If the above statement is correct.......how does it work if the 7 years reporting has also passed? This debt's over 15 + years old and it's already been on my credit report for 7 years and has fallen off. and is the "they" referred to in the "they are" apply to the original creditor as well as the collection agencies that take it up?
What happen is they probaly bought a bunch of old accounts for next to nothing and have gone fishing.Some people actually pay these You know it's sol,they know it's sol.So they still try.If it went to court it would probaly be dismissed on sol.
The debt is collectible until it has been satisfied. It's just that after the SOL runs out, the defendant can use that as an affirmative defense in the civil suit. If they went to court AND you knew about it (e.g. sewer service) AND you responded with an affirmative defense of being out of the statute of limitations then it might be dismissed. They could still go to court, get a default judgment and then you'd be on the hook to pay the judgment amount. Chances are they won't go to all that trouble because there are enough people who will just write a check and be done with it, but it's not a lead-pipe cinch.
Are you saying that if I went to court and applied the SOL defense that they could still win a default judgment against me on a debt that's over 17 years old and that has since been removed from my credit report?
Not exactly. If you don't go to court and present a defense, they could get a default judgment on a 17-year-old debt.
And beware of the tricky question - "Is this your debt?" DON"T say "yes". Because with that answer you actually admit that it is. Just say "No" and start with the SOL defense. And hope that the judge is not one of those creditor friendly judges.
ccbob is right unlike the criminal code which has some limits where you can't be tried, these can follow you to the grave and beyond so you still have to beware and answer a summons
I have not known of anyone that has a debt out of SOL (of course there just may be a lot of people)and have used it as an affirmative defense and had to pay the old debt. If you are nervous about something like this happening and they sue you GET A CONSUMER LAWYER, it will definitely be worth the money, but for now I really would not worry much about this happening. Woofer
Thanks people. Yeah, I was smart enough to play stupid. I said "was this a debt from years and years ago?" And he said.."yeah, LeRoy's. You remember it now?" I said..."No, can't say that I do." "I don't believe the debt is mine and I don't remember ever shopping at LeRoys". He said "you don't remember because it's so old?" I said..."No, I don't remember because I don't think the debt is mine and I don't remember ever shopping at LeRoy's. That's my answer and that's the specific answer you'll continue to get by asking the same question." "I don't remember anything and I'm not telling you anything more. I believe we are done now."
