can they collect on a debt from1990

Discussion in 'Credit Talk' started by obie, Sep 9, 2004.

  1. obie

    obie New Member

    I have a Bon Ton card that they closed in 1990 and I never paid the 200 balance , they never called me and I succesfully have had it off my reports for years, all of a sudden a collection agency called wanting the balance, isnt it too late for them to collect? what do I tell them?
     
  2. ih8debt

    ih8debt Well-Known Member

    this happened to me - but with a CA saying i owed sprint - i had no knowledge of this account - it was from 1992.
    When they called me, I asked them to send me validation of the debt. I never heard from them again! And a debt from 1990 - I'm most certain that it's past the SOL.

    Lynn
     
  3. Flyingifr

    Flyingifr Well-Known Member

    Tell them to go pound sand since the SOL has probably long expired.
     
  4. iambroke

    iambroke Well-Known Member

    I thought the SOL only applied to if you are sued?
    Isn't it that they can collect til they feel like it but if they sue then you can use the SOL as a defense?
     
  5. pd11604

    pd11604 Well-Known Member

    Re: Re: can they collect on a debt from1990

    They can ATTEMPT to collect til they feel like it....
    That is why you send them a VL and a Time-Barred C&D letter, that way if they try to damage your credit by making entries on your report you have them violating the FDCPA!
     
  6. Flyingifr

    Flyingifr Well-Known Member

    Re: Re: Re: can they collect on a debt from1990

    Actually.... any entry they put on the CRA report would be re-aging, which is a FCRA violation, not FDCPA.
     
  7. pd11604

    pd11604 Well-Known Member

    Re: Re: Re: can they collect on a debt from1990

    Thank you for clarifying
     
  8. ontrack

    ontrack Well-Known Member

    Re: Re: Re: can they collect on a debt from1990

    Threatening to put on CR when they know it is past 7 years is a FDCPA violation, since it is threatening to do something they cannot legally do.
     
  9. Flyingifr

    Flyingifr Well-Known Member

    Re: Re: Re: Re: can they collect on a debt from1990

    True, but the threat is hard to prove in Court unless you taped the conversation or they were stupid enough to put it in writing. The ACT is self-proving. If they threatened to re-age an account on me, I would just DARE them to do it.
     
  10. lbrown59

    lbrown59 Well-Known Member

    Welcome to C N
     

Share This Page