Old Collection out of the Blue

Discussion in 'Credit Talk' started by vllygrrl, Mar 6, 2009.

  1. vllygrrl

    vllygrrl New Member

    Two weeks ago, I received a past due notice for $817 from my college in CA, a school I have not attended since 1992. The notice did not come to me - it went to my parents house in my maiden name (I've been married since 2000). Way back in 1991, when I was a college student my roommate moved out after the first quarter. Two weeks into the 2nd quarter the school assigned me a new roommate - an exchange student from Australia named Kerry. I lived in a dorm, so I didn't have the option to decline. The girl lived with me for approximately 6 weeks before flying home because she was so homesick. I don't even remember her last name! In the course of those 6 weeks, she ran up the $817 worth of phone calls to Australia! My parents and I disputed the charges through phone calls and written letters over the next couple years - the university said I was liable because the phone was in my name (it had to be because there was a period of time where I was in the room by myself), while I claimed no fault because the university gave the girl a key to my room and I had no way to block usage of the phone when I was not there. We eventually came to an agreement and they stopped trying to collect the money from me.

    Fast forward to 2009, inconveniently right at the time period my husband and I are looking to buy our first home, my parents receive the notice above from the school. Yesterday, I received a notice from a collection agency for the same amount. This happened 17 years ago - I have no documentation related to this any more? Shouldn't some sort of statute of limitations apply here? I don't want to contact the collection agency until I know what to do, and I certainly do not want to be liable for $817 worth of homesick Aussie phonecalls. Most importantly, though, is the fact that I don't want to jeopordize my credit when house-hunting. Can you help give me some guidance? At the time, I attended school in California, I have been a resident of NJ since 1997.
     
  2. sparq

    sparq Well-Known Member

    There is a statute of limitations in effect here, and it sounds like you SHOULD be in the clear. Google "california debt statute of limitations" and you'll see the timeframe. Can you answer some more questions for us?

    1) When (month / year) did you get the bill?
    2) When (month / year) did you move out of California?
    3) Have you EVER paid ANYTHING on this, even if it was 15 years ago?
    4) Have you EVER sent them ANYTHING admitting the debt or offering to settle?

    The reason I ask is because the SOL may get tolled (paused) when you move out of state, and we really can't give a good answer about that without some more details. However, if you moved out of state after the SOL already expired, then you're in the clear.

    It really sounds like the debt collector is just trolling old debts to see who will cough up, but it appears they're SOL (pun intended). Don't send anything to them just yet. Above all else, do not talk to them on the phone.
     
  3. CTF388

    CTF388 Well-Known Member

    There may be issues that need to be explored here.

    First, while the SOL in California may have been tolled, the SOL in NJ, where the OP currently lives, may have run. If so, a cease-and-desist based on the NJ SOL might work.

    Second, if the the college is a publicly funded entity, the charges may be viewed as being owed to an agency of the state. States vary on the collectablity of such debts.

    Third, if it shows on the credit report, OP may be forced to resolve the matter to get the mortgage.

    Being silent until a course of action is determined is wise. Being quiet in the long run, however, may not be in the OP's best interest.
     
  4. sparq

    sparq Well-Known Member

    Given the age, I would think this would simply be unreportable. I thought the longest term for a credit report entry was ten years.
     
  5. jjgross

    jjgross Well-Known Member

    It is but maybe some where along the line someone made a payment like mom and forgot about it?which reset the clock.
     
  6. sparq

    sparq Well-Known Member

    Good point. Well, until we hear more from the OP...
     
  7. CTF388

    CTF388 Well-Known Member


    That was my point.

    There may be many factors at play. No telling what the options might really be unless there is a more detailed examination of the circumstances.
     
  8. jjgross

    jjgross Well-Known Member

    Remember Calif. schools are going through a severe budget and their looking for every penny they can get as the job losses mount look for many tax based business's to cut jobs,hrs etc.
     
  9. Credithis

    Credithis Member

    Now, a college collecting on a phone bill from Wayyyy back then? Was it not the phone company itself, not the college? Either way, seems impossible to withstand discovery in a court of law as no one there can substantiate the debts existance as they would no longer be imployed.
     
  10. jjgross

    jjgross Well-Known Member

    If it was a state college run by the state than the phone was on state prpperty and the phone company may have billed the state when the bill was not paid by the lady.The old story go after deep pockets.Im wondering why the other student wasn't sent a bill.There's still things we don't know about this.
     
  11. CTF388

    CTF388 Well-Known Member

    Phone was in OP's name.
     
  12. cinnamngrl

    cinnamngrl Member

    DV letter

    Have You sent a DV letter?
     

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