I filed bk(7) 11 years ago on an amex card. This was when I lived with my mother it was in both our names, but for my use only. Anyhow, my mother gets a call from a collection agency about this american express card that was issued back in 1991. What in the world? I looked up the statute of limitations and it said 10 years for MIssouri. Even if this debt was valid, which its not, because of the chap7 bk in which it was included, how in the world can they contact her or me for that matter after all these years? I need some guidance on what to send these people. I was going to send a validation letter, along with the chap 7 bk papers with it on there, but I don't want this to end up on my mom's credit. (which is of course perfect) Anyhow, I need some experts....how do I proceed with this sleazy collection agency????>? thanks!!!
Is this Camco that called? If it is email me at picantel4343@hotmail.com as I am taking complaints on this company. Of course you owe nothing on this account and they are pulling your leg. Credit cards are open account not written accounts and the SOL in your state is 5 years not 10 years not that it matters. http://community-2.webtv.net/Y-Chat/WhyChatsCredit/page3.html
Btw, do not send them validation or any BK papers. They would love something with your signature on it(never sign anything) so they can transfer it to a new paper illegally. They cannot put it on your or your moms credit report as it has been more than 7 years. They are digging their own hole here and you can decide to end it now or let them hang themselves for a future suit against them.
First the bad news - your Chapter 7 did not wipe out you mom's obligations on this debt. Now the good news: The Statute of Limitations applies to both of you simultaneously, meaning if the debt is outside SOL for you it is outside SOL for mom also. More Good News: The CA better not put this ancient debt on either of your credit files, since the aging date is already clearly outside the FCRA 7-year time frame. Now the Caveat: The CA is trying to scare a payment out of one of you - quick, so they can re-start the SOL. Unlike FCRA which does not allow re-aging of debts, in most states, any payment ona d ebt re-starts the clock for SOL purposes. In some states, like Florida, even a promise of payment re-starts the SOL cock.
Flying, that's not quite correct. In most states, the SOL is NOT reset by a payment to a CA. Per the UCC there must be a NEW agreement signed by BOTH parties before the SOL is reset. Most states adhere to the UCC and most states have their one statutes stating the same thing. Individual state laws would have to be checked. If there was no NEW promise to pay agreement, the SOL does NOT restart. This is usually found in the State's statute of frauds (per WhyChat). If this is a 10year old debt, and in MO the SOL is not 10 years for credit cards, its 5 (open accounts = credit cards). Send this CA a cease and desist and tell them to pound sand, the account is time-barred.
tell them to pound sand, Ladynred =========== Why let them pound sand when they can be paying you for violations?
You are UNTOUCHABLE. Why not make some money off their stupidity and let them hang themselves with a few violations? Unscrupulous collection agencies have preyed on uninformed debtors for years. Isn't it a natural progression in the food chain that savvy consumers should eat stupid CA's for lunch.
So the consensus would be 1: don't talk to them at all ever 2 send them a letter certified return receipt (you are going to want proof they receive it) so the real question is do you send them a validation request or just go straight to the cease and desist? I think I'd do a validation letter... wait 31 days, then send a c&d... thoughts on this you guys???? You'd want something in writing stopping their collection activity cold... but the only question is which way (or combination) is more effective. Yes.. I'd do validation then C&D... sets them up for more possible violations. thoughts? Oh... one thing I'm sure of... the bk only took care of them collecting on you not on your mother... regardless... do not send them anything about the bk ... only a validation and/or a C&D... anything else can (might) hurt you.. and you don't want to talk with them b/c you can only screw up... but with either a validation and/or a C&D they'll have to stop pursuing collection activities
To All Who responded: Thank you so very much! I will send the validation letter, wait and then the C&D! I was at my wits end dealing with the stupid, sleazy agency. Where can I find SOL for Missouri? Again, MANY thanks for the INFORMATION! I appreciate it! I will keep you all informed about the outcome! NMW
