I just got a Letter in the mail from AARGON Collection Agency saying that I owe them $984 from a collection in 1998. They are sending me the information from the original creditor and want me to set up payments. Is this legal???
Yes, companies try to collect on "zombi" debts very frequently. They can ensue litigation as well but, you would have the affirmative defense that the claim was time barred. You would have to assert it though. I think alot of folks get hung-up on the above. The statute of limitations is a legal defense for use when and if someone institutes a civil action against a consumer (or tortfeasor, so on and so forth). Simply because a claim has exceeded the statute of limitations does not mean that the claim cannot be collected. I suspect that this claim is time barred in your jurisdiction. Check to be sure. If it is, mail them correspondence wherein you merely state that you won't be paying, dispute it, whatever, and never to contact you again. FYI, the request to set up payment arrangement's is premised on the hope that one will be so naive as to call in to, or even reduce to writing, promise to pay in full or in part. This will bring the debt back into the statute of limitations and the clock will begin anew in some jurisdictions.
How do i check and what does time barred mean? I think I get it. Not quite sure though. What you are saying is do not set up payments because they will force you to pay the debt and since its so old it might be considered too out of date for the CA to legally claim the debt??? Am i on the right track?
If it is past SOL for that type of debt in your state, then if they sue, you raise SOL as an afirmative defense, and the court should throw it out. It may be legal for them to try to collect, but passing of SOL provides you a defense to prevent them from winning if they sue. If instead, you agree to pay, or make a payment, depending on your state law, even if it is already past SOL, you might reset SOL and if you stopped paying, they could still take you to court, win, and force you to pay the rest.