I just got a collection call to a phone number that is in my wifes name and has never been in mine. I called them up and the woman stated that they just received a collection account for a Sears account from 1996. I had paid that account off at least 8 years ago. I couldn't imagine wher the paperwork would be. Well anyway she said that the balance was $1,900 and was sending me a settlement letter. I don't even know where to begin. I saw an inquiry on my CR from them ..I haven't heard a thing about this account in over 8 yrs maybe more..... This account was 100% paid off. What can I do....???
When was the account paid off and closed? Is it past the statute of limitations? Request validation of the account, send them a letter via fax or cmrrr.
It was def paid off and closed ...Im not sure what the statute of limitations is in NY...Its been closed for over 8 yrs ...Its not appearing on my CR ..just the inquiry which i would like removed ..i just don't want to stir up anything..
If they've contacted you, it's already stirred up. I'm not sure, but I think SOL is 6 years in NY. That's something you need to check. If it's out of SOL, there's nothing to worry about. Send the dispute. Let them sue you. Go to court and assert the SOL is expired and that's the end of it.
Sounds like one of these zombie debt purchasers. Could be that the OC sold off the remainder. In any event, ascertain whether it is barred by statute and if so, issue a full cease and desist. I wouldn't even bother with attempts to validate insofar as they won't and even if they did, its barred and therefore, irrelevant.
Where can i find info on the SOL for NY..???How can this come back after its been paid off for so many years. and can they put this on my CR when there has been no activity in that long...??
SOL for NY is 6 years. There are many sites you can verify that on - just Google "Statute of Limitations". Carrera Law Firm has an Excellent SOL page on their site. Can they put a debt that is over 7 years old on your credit file? Yes, and you can sue them for it. It's called re-aging and it is illegal, but it's done all the time. A very long time ago I posted a thread here entitled "Understanding the Collection Agency". Read it - they are playing mind games with you and appear to be winning. You need to know how they think in order to fight them effectively.
First things first: Call Sears and see what they say about the account. If it is Paid, then they will have a record. The issue here is that Sears has sold their CC business a few times since 1996, but Sears has excellent records. Ask for documentation on any status they give you. If you are sure you paid, then don't be afraid to talk to Sears! This very well could be mistaken identity, or a bogus effort on scamming you.
Collectman - I would have posted the thread but I have been sent to the woodshed for posting links, so I post none.
