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Frequent Contributor
future
Posts: 285
Registered: ‎06-05-2007
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Re: What should I do? SOL has passed but collection agency is trying get paid!

i have a similiar prob, in my case there's a ca trying to collect on a acc that is no longer on my report, should i pay them any mind... should i do as you stated above?               let us no what happens.
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Boswd
Posts: 1,065
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Re: What should I do? SOL has passed but collection agency is trying get paid!



future wrote:
i have a similiar prob, in my case there's a ca trying to collect on a acc that is no longer on my report, should i pay them any mind... should i do as you stated above?               let us no what happens.



That all depends on whether or not it's past your state's statute of limitations.   Some state's have longer ones then the CRA's  7.5.    so check you state's and then i would send them a letter letting them know the debt is time barred and to cease and desist.     Remember there is no SOL on trying to collect only on when they can sue and win for a judgment.   And that also doesn't mean they can't or won't attempt to try and get a judgment against.   If you ever do receive a summons,  respond to it as SOL/time barred as your defense.   If you don't answer and don't show up to court they can get a default judgment thus rendering your SOL defense meaningless.    So brush up on your state's laws concerning this.   Some states, I do belive California, that can't even attempt to sue if the debt is time barred.    I wish all states would adopt that legislation.  
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future
Posts: 285
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Re: What should I do? SOL has passed but collection agency is trying get paid!



Boswd wrote:


future wrote:
i have a similiar prob, in my case there's a ca trying to collect on a acc that is no longer on my report, should i pay them any mind... should i do as you stated above?               let us no what happens.



That all depends on whether or not it's past your state's statute of limitations.   Some state's have longer ones then the CRA's  7.5.    so check you state's and then i would send them a letter letting them know the debt is time barred and to cease and desist.     Remember there is no SOL on trying to collect only on when they can sue and win for a judgment.   And that also doesn't mean they can't or won't attempt to try and get a judgment against.   If you ever do receive a summons,  respond to it as SOL/time barred as your defense.   If you don't answer and don't show up to court they can get a default judgment thus rendering your SOL defense meaningless.    So brush up on your state's laws concerning this.   Some states, I do belive California, that can't even attempt to sue if the debt is time barred.    I wish all states would adopt that legislation.  


im in nyc, i f im rite its 7yrs, the thing is this acc hasnt been on my report in a bout 1 to 2 yrs, and now its bac, i think.... also can the ca put this on my cr:smileymad:
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Boswd
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Re: What should I do? SOL has passed but collection agency is trying get paid!

the state of NY is actually  15 years.   just kidding.   It's actually 6 years.   What you have to do if find out when was the first date of deliquency that led to the chargeoff/collection.  You should be abel to call the EX EQ and TU to find this out.   If they put it back on they are illeagally reaging your account.
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ktl55
Posts: 203
Registered: ‎04-03-2007
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Re: What should I do? SOL has passed but collection agency is trying get paid!



Boswd wrote:
the state of NY is actually  15 years.   just kidding.   It's actually 6 years.   What you have to do if find out when was the first date of deliquency that led to the chargeoff/collection.  You should be abel to call the EX EQ and TU to find this out.   If they put it back on they are illeagally reaging your account.


When you say 6 years in NY; does the debt have to be in NY, you had to live in NY when the debt was acquire or you have to currently live in NY?
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future
Posts: 285
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Re: What should I do? SOL has passed but collection agency is trying get paid!

ok, as of now its not on any of my reports,but thats the thing i dont understand can they make a inquiry and then try to report it.... so why are they trying to contact me. i would have to contact the cra for dofd, eventhough i dont think they wii be able to tell anything considering the fact that it no longer on file.  i even look at a variety of reports from 3/05, thats when it was delete from the cr. what should i do about the ca trying to contact me.. thank you for the advise:smileysad:     
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future
Posts: 285
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Re: What should I do? SOL has passed but collection agency is trying get paid!

i currently reside in new york, and hav been here my whole life
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Boswd
Posts: 1,065
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Re: What should I do? SOL has passed but collection agency is trying get paid!



ktl55 wrote:


Boswd wrote:
the state of NY is actually  15 years.   just kidding.   It's actually 6 years.   What you have to do if find out when was the first date of deliquency that led to the chargeoff/collection.  You should be abel to call the EX EQ and TU to find this out.   If they put it back on they are illeagally reaging your account.


When you say 6 years in NY; does the debt have to be in NY, you had to live in NY when the debt was acquire or you have to currently live in NY?


I do believe it's the state where you lived in when you first opend up the account.   Someone correct me if I'm wrong.
Valued Contributor
Boswd
Posts: 1,065
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Re: What should I do? SOL has passed but collection agency is trying get paid!



future wrote:
ok, as of now its not on any of my reports,but thats the thing i dont understand can they make a inquiry and then try to report it.... so why are they trying to contact me. i would have to contact the cra for dofd, eventhough i dont think they wii be able to tell anything considering the fact that it no longer on file.  i even look at a variety of reports from 3/05, thats when it was delete from the cr. what should i do about the ca trying to contact me.. thank you for the advise:smileysad:     


More than likely they are pulling a hit to find out your latest contact information.    but you have to remember there is no SOL on trying to collect on a debt.   The SOL is only a defense if they try to persue the matter in court.    But there is no law saying that can't stop tyring to collect on it 5 years from now or 20 years from now.   The debt doesn't die, only when paid , just any type of legal stance the CA can use when trying to collect via the court system.   
If they send you a notice, send them a cease and desist letter saying the debt is time barred.  but have all your ducks in a row and make sure of the date of your last payment.   also remember Your state's SOL is based on the date of your last payment so everytime you pay,  even a penny,  that restarts the clock on state's SOL.   It does not restart the credit reporting time allowed.  If they do then they are in violation of Fair Reporting.  
 
I hope this helps.
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future
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Re: What should I do? SOL has passed but collection agency is trying get paid!

05 was when i started cleaning up my mistakes i just want the past to be the past

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