15 Year Old Amex Charge

You could sue them, but short of that, it's up to them. If they want to keep it until hell freezes over, they have every right to do that (and they will).

If they want to call you every once in a while to collect on a debt they believe you owe, they have every right to do that as well.

If you would pay it when they have proof and they don't have proof, it looks like you're at an impasse.

 

So go get a good digital voice recorder if you don't have one and record some calls with Amex saying the debt is 15 years old and they can't find any records then tell them to sue you for it.

As it is you don't have a cause of action to sue them with that I know of.

As an interesting side note, I have a friend who asked me to do help him with an Amex suit. The law firm had filed an affidavit in the case so I did a skiptrace on the affiant and the notary and found out that both are actually employed by Amex. I was truly amazed. Most affidavits I've ever seen that have been similarly worded have turned out to be false.

 

First, have you made a payment on this since 1993? Since the debt is ancient (WAY past any state's statute of limitations for litigation, that I'm aware of), you can safely send them a cease and desist letter. One sentence is all it takes. Something like "Do not contact me again in regard to the below-referenced alleged debt". Beneath that, include any account number that they may have referenced in their correspondence with you. Send it off certified. They're legally obligated to honor your request. If they continue to contact you, you can start looking into a lawsuit for FDCPA violations.

Normally a C&D letter is a last-ditch nuclear option, because it forces the creditor to either drop you or sue you. Since you're past the SOL, you have a very clear defense on the matter; that debt is uncollectible in court. In your case, since you're a solid 15 years past the last activity.

Second, do not pay. I know you want to do the honorable thing and settle the matter, but making a payment would re-start your SOL clock. Technically, if they're offering to settle for $200, then that should be the end of it, but why even bother opening that door? Simply send the C&D -- certified mail, return receipt requested -- and be done with it.

 

AmEx is the original creditor so the FDCPA doesn't apply.

 

Ah. Good point.

Still, I would think the SOL would apply, as that's state law and not governed by the FDCPA. If the debt is out of the SOL, I personally wouldn't have a problem telling the OC to kiss off. FDCPA or no FDCPA, the debt would be past my state's SOL.

 

RE: SOL.

They CAN sue at any time.
It's up to the defendant to raise SOL as an affirmative defense.

Even if they can't collect on the alleged balance in court, they can keep it on their books for ever or until it's paid or removed, whichever comes first. Being past the SOL doesn't mean the debt no longer exists, just that, at least in my state it's worded as, they "can't bring an action."

Any way you cut it, it's a PITA and I don't know why anyone would waste their time with AmEX. Phooie

 

You know ccbob i guess the bailout wasn't enough for them,whats next going after Granny's 30 year old phone bill?

 

Right, I just get tired of typing "The debt is out of SOL, which means that while they are within their rights to sue me, I have an affirmative defense that I can use to shut down their suit. So with that in mind, they can kiss it." I just type "The debt is out of SOL, so they can kiss it".

Saves priceless wear and tear on my keyboard contacts!

 

Did you ever have any auto payments on it,Amex would have to be brain dead to honor a payment on a closed account,but then again it is Amex.

 

It sounds like you're (mostly) untouchable; your defenses are pretty solid if they ever take you to court. I'd be shocked if they'd go to the hassle and expense of filing a suit for a 15-year-old debt that seems questionable at best to begin with, personally.

If I found myself in your shoes -- handling a debt that is so far outside the SOL and that has already been paid -- I might make an exception to my "let sleeping dogs lie" rule. Since the worst possible outcome is (incredibly unlikely) that I'd have to go to court and assert the SOL defense, I might send a C&D anyway. Keep it as brief and straightforward as possible. Point out that any previous debts were paid on xx/xx/1993, that they stated on xx/xx/xx that the alleged debt is too old to research, that the amount in question is due to a billing error on their part, that you do not intend to be held liable for their negligent record keeping, and that the matter is past your state's SOL. Then add "Do not contact me in regard to this matter ever again."

I don't know if that will actually accomplish anything or not, but it might be satisfying to write (and again, you're in the extremely small minority of people who are almost bulletproof). Send it CRMM. If they keep it up, send it again CRMM. If they still persist, ask your state's AG for help. Having two CRMM "knock it off" letters may help your AG's bark have some bite.

Basically my thoughts on the matter are that as long as you don't pay or admit liability, you can do no wrong. You're in a very tiny minority -- enjoy it.

 

If AmEx is truely the current owner of the account (as opposed to a collection agency) then while technically the federal law may not apply your state may have laws (my state-California does) that require them to be compliant with the federal law and give you additional rights. It sounds like your debt is time-barred provided you haven't made any recent payments or admit liability. I have been through this (so far) 3 times with different collection agencies on an AmEX account and my guess is that it is a scavenger collection agency harrasing you in which case the federal law would apply. I would start asking them (via certified mail-do NOT talk to them on the phone) to send you validation of the debt, citing the federal law and any applicable state laws. Do not use your computer for this-handwrite it and send it certified mail (and make them sign for it). You can also tell them not to call you and that your employer does not permit phonecalls. In addition ask them if they are licensed to collect in your state, what the date of original default was, and proof it is not timebarred in your state. If they can not validate, they can not collect. Tell them they can only communicate with you in writing and if they persist in calling you (particularly at work), you will inform your attorney general, their attorney general, the BBB, and the FTC. Since the debt is as old as it is,that maybe all you need to do until they sell it to the next scavenger.

 

Typing is ok just don't sign it with you sig.

 

Amex I don't think ever sells bad debt. They assign it out to varioius collection agencies, and if not successful, the debt goes back to them.

 

It doesn't matter if you pay or not, it can't legally appear on your credit report if it's been more than seven years from the date it went delinquent and was never again brought current. So whether you pay or not there shouldn't a collection account on your report.

You don't have a card with AMEX--you have a card with BoA. They now let other banks issue American Express cards, but you're not an American Express cardholder (member) unless the account is directly with American Express. So, you aren't one of their members--you're a customer of Bank of America.

 

From what I understand, for activity prior to 1997, it should have been removed 7 years from the charge off date in 1993. I would dispute this with the CRA.

If I were you and I had the funds, I would pay it off.