Can a collector bring an old debt (which is long past the SOL) back into play by simply making a small anonymous payment towards the account ?.
How long past the SOL? THe old collection outfit probably sold the old debt to a new one - but the SOL has expired. If this new collection outfit starts hassling you just tell them that the SOL on that debt has expired, and tell them to jump into shark infested waters, or something to that effect. Have someone take a picture if your hand flipping the bird and send that pic to them.
The collector said there had been no payments on said account since 1993, that's when I said that the alleged account would be way beyond the SOL, whereupon he replied "that it was still active because it was still incurring interest", ...sounds like BS to me. I told him that 'if' <~( I never did come out & acknowledge the debt as mine) this debt were legitimate, I believe the statue of limitations would be based on when the last payment was made, he again tried to used the interest incurring approach, but then came out & said that he would just make a $5.00 payment himself, & thus reactivate it. Ok, I realize that was probably his last ditch effort at intimidation, but it did kinda make me wonder for a moment if such a scenario could actually happen, I mean, I understand that acknowledgment of a old debt, especially by making some form of payment could bring it back to an actively collectable debt, so what's to keep an unscrupulous collector from doing such a thing ?.
First, document this phone call! Scribe as much detail as you can recall. These types of actions are what the FDCPA is all about! I suppose it is possible for someone to attempt reaing through claiming a payment was made, but I think it would be nearly impossible to hold up in court. The legal risk (for the CA) is much larger than the possible gain.
In discovery, you could ask for a copy of the payment document. That would show where it came from. In some states a payment restarts the SOL, in some states it doesn't. I would bet that a collector would only do this for a fairly large account. He's trying to intimidate you. Don't let him.
