Cold call on an old debt from 1999...

[Anonymous]

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@Anonymous wrote:

I got a call from a CA today for a CC that is from 1999 and I asked

him if he was able to do that on an account that was past the statutes of

limitations, he said it was still a collectable debt and I said I would get back to

him on that.

I live in AZ and it is a closed state were no one can send or call on debt from outside the

state so I was wondering what my next course of action should be..

seams he did 2 things wrong here...

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Since he didn't argue regarding the SOL, either he knows it's past SOL, or he's not familiar with the SOL laws at all. Anyway, for $300 it's rather unlikely they would try to sue regardless. Like Kims suggested, if you have any further contact, just advise him he's wasting his time and you have no intention of paying all or part of this debt. Most CAs would rather spend their time and energy on accounts that actually have potential, so they tend to give up if they sense this is a dead end. Someone more knowledgeable, like Noah, might be able to provide more details on the SOL - all I know is there are additional "tolling" laws that apply if the person has moved from the state where the debt occurred.

[Anonymous]

Just looked this up thanks for the info....

toll v. 1) to delay, suspend or hold off the effect of a statute. Examples: a minor is injured in an accident when he is 14 years old, and the state law (statute of limitations) allows a person hurt by negligence two years to file suit for damages. But for a minor the statute is "tolled" until he/she becomes 18 and decides whether or not to sue. Thus the minor has two years after 18 to file suit. State law allows 10 years to collect a judgment, but if the judgment debtor (party who owes the judgment amount) leaves the state the time is "tolled," so the judgment creditor (party to whom judgment is owed) will have extra time to enforce the judgment equal to the time the debtor was out of state. 2) a charge to pass over land, use a toll road or turnpike, cross a bridge, or take passage on a ferry.

Now this states a judgement not a collection  hmmmm....

Message Edited by Tmleverage on 07-17-2007 04:51 PM

Message Edited by Tmleverage on 07-17-2007 04:52 PM

[Anonymous]

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Tmleverage wrote:

I live in AZ and it is a closed state were no one can send or call on debt from outside the

state so I was wondering what my next course of action should be..

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Umm, no. CAs have to be licensed to do bidniz in AZ, but they don't have to be in state. If he's licensed, he can call or write.

http://azdfi.gov/Lists/CA_List.HTML

A debt from 1999 is past the SOL (unless you paid anything on this since 2001 which would reset, not toll, the SOL.)

SOL aside, it cannot be reported to the CRAs.

[Anonymous]

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Pants wrote:

I think a collection agency can still attempt to collect a debt after SOL.  I believe they can still call and send collection letters. They just can't sue you after SOL. Maybe I am wrong..

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Yes. Yes. No.

They can attempt to collect, they can call or send letters, and they can sue. However, SOL is an affirmative defense to a lawsuit.

California is the only state I know of, but there's probably one or two others, where a CA or OC cannot sue beyond SOL. I don't know the exact mechanics, like if they sue do you win a default countersuit or what.

Bottomline, if you are served, file an answer to the summons and complaint.

http://ficoforums.myfico.com/fico/board/message?board.id=generalcredit&message.id=12167

[Anonymous]

Well I only have about 700$ in old debt left from a bunch so I think for peace of mind I should

eliminate the debt on the rest and not have any thing lying in the wait ..

[Anonymous]

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Tmleverage wrote:

Well I only have about 700$ in old debt left from a bunch so I think for peace of mind I should eliminate the debt on the rest and not have any thing lying in the wait ..

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Easiest thing to do is send 'em a DV letter.

http://ficoforums.myfico.com/fico/board/message?board.id=generalcredit&message.id=4328

[Anonymous]

I will give this dv a try I still have several items too take care of so the remaining items will

get dv's..

Thanks for the post...

Message Edited by Tmleverage on 07-17-2007 09:10 PM