question regarding a collection

Discussion in 'Credit Talk' started by mexiloc, Oct 21, 2001.

  1. mexiloc

    mexiloc New Member

    I am new to the board and am seeking information regarding the validity of the statute of limitation when it pertains to old debt.

    I recently received a letter from a collection agency regarding a old debt (at least 9 years). I am not even sure what the debt is for. The letter goes on to say that they recently purchased this account form FingerHut. Now I am not sure what debt is based on. Now I have worked hard to keep credit in good standing and I don't want something like this to be marked against me. I just recently purchased a home and this was not on my credit. Not sure if anyone can answer my question. Just looking for information. THANKYOU!
  2. breeze

    breeze Well-Known Member

    You should send the collection agency a letter asking them for proof that this debt is yours. If you have never done business with Fingerhut, say so, and tell them you believe they have the wrong person. Don't ever talk to them on the phone, if they call you. They are tricky.

    What is your state of residence - we need that to tell you the SOL.

    There are sample letters available on another board here. This is a good one.
  3. mexiloc

    mexiloc New Member

    I guess I just don't understand how this claim could be valid after such a long time. I have no proof what so ever that I made payment because this happened so long ago.
  4. mexiloc

    mexiloc New Member

    not sure if you received my information but my state of residence is Ohio. I beleive the sol to be 4 years.
  5. breeze

    breeze Well-Known Member

    Did you email your info? If so I haven't gotten it yet.

    Ohio Statute of limitations is 15 years. So no, you don't have to pay it now, even if it is your debt. A letter asking for "validation" is probably all you need to send. They won't have any proof either. However, they can still take you to court even if the statute of limitations has run the full 15 years. If they do that, then you need to go to court and tell the judge that it has been 15 years. The burden of proof is really on the collection agency.

    If you write them asking for proof, then, if they have something, they will have to send it to you (like a copy of a bill) it will have the dates and names and addresses on it - and it can be a safeguard for you if they do take you to court anyway.

    I don't really think they'll take you to court, though, because they will know that you know your rights under the law. And, you might just catch them breaking the law, then you have them by the cojones. and you can make them go away for good - if they have any ideas about getting money from you.

    If you don't want to do it this way, just send them a letter telling them not to contact you any more at all. But then they will probably just sell this debt to another collection agency, who will start with you all over again.

    I would try to get a copy of what they have, if they have anything, myself, so I could get rid of the whole thing forever.
  6. mexiloc

    mexiloc New Member

    well this debt would only be nine years old so you are saying without proof that it was paid in full they have legal rights to come after me. I have no way of proving any form of payment because I don't have records to substantiate it.
  7. breeze

    breeze Well-Known Member

    OOps I was thinking it was older than it is. Didn't look back at the previous posts.

    The question is "is it yours?" -so send the validation letter. make them prove it.
  8. breeze

    breeze Well-Known Member

    Yes they can come after you, but you can still make them prove that it is actually you. If you don't remember it, maybe it's someone else.
  9. lbrown59

    lbrown59 Well-Known Member

    How would anyone ever have proof of paying a debt that they never owed?????
  10. breeze

    breeze Well-Known Member

    He said he didn't remember the debt. I told him to make them prove it was his. Maybe it is his and maybe it isn't. They are the ones who have to prove it, not him.
  11. GEORGE

    GEORGE Well-Known Member

    Breeze, you owe me $100.00...WHAT you don't remember, too bad I want it anyway...

    I have you in my computer file...I don't know what date, or time, or place you borrowed it, but you owe it to me...

  12. breeze

    breeze Well-Known Member

    Buzz off! I ain't got no stinkin' money! :p

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