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10 Year old Debt!

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Anonymous
Not applicable

10 Year old Debt!

I have a junk collector on my tail that will not go away and I need your advice.  This is from a debt from 1998.--Yes  1998!  LOL..Well, they claim that I entered into a payment agreement in 2003 and they have not heard from me since.  I have no idea how these people even got my home telephone number and have not mailed anything to my home address. I recently purchased a house 2months ago. I asked what address she had on file and she has some address where I have not lived in 10 years. Anyway, I advised the collector that this was not my debt and that I wanted no more calls from their company.  However, she stated that I needed to provide something in writing to stop the calls. ( I know that this maybe a BIG no, no)  The statue of limitations expired on the debt in 2007 because the state the alleged debt occurred in is PA ( 4 year statute).  I live in NJ now and the Statue for NJ is 6 years from the last date of acknowledgement.   Also--this debt has never been placed on my credit report.  Can they report a 10 year debt now especially a debt that is past the statue of limitations?
Well, I need your feedback:
1- Can these people sue me for the debt?
2- What is the exact statute of limitations? I lived in PA when the alleged debt occurred and now reside in NJ.
3- Is it true that the Statute of limitations starts all over just by answering the phone even though you advised the collector that this is not your debt?
4-What steps do I need to take to make these people go away?
Message 1 of 4
3 REPLIES 3
Paxx
Contributor

Re: 10 Year old Debt!

Sounds like you need to send a FOAD letter.

 

No, they can not sue if it's past the SOL (I would double check) and SOL can not be reset by phone or mail contact. It is based off of DOFD. 

 

Read some of the threads on this link: http://ficoforums.myfico.com/fico/search?submitted=true&q=foad

Message 2 of 4
Anonymous
Not applicable

Re: 10 Year old Debt!

Thanks for the feedback--Where can I find an example of a "FOAD" letter?   Any help would be greatly appreciated.
Message 3 of 4
LIGHTNIN
Senior Contributor

Re: 10 Year old Debt!

Also-This debt has never been placed on my credit report.  Can they report a 10 year debt now especially a debt that is past the statue of limitations?
Well, I need your feedback:  SOL has nothing to do with CRTP, 2  Different things--- 
As per  FCRA , the CRTP is the length of time something can be reported to the CRAs. For most things it's 7 to 7 1/2 yrs. Once the CRTP expires, It's Gone
 
1- Can these people sue me for the debt?   SOL is the time in which a creditor may sue you. They can try to sue you forever, but they can't win as long as you are Passed SOL, you can use that as a defense. Also if you are served a summons, show up in court, you don't want them to win on a default.
 
FICO's May 2015 EQ764 ~~Live below your means and always keep an emergency fund -Love Everybody ~ Big Kenny ~ Big and Rich ~~~~~Credit Scoring 101 - Common Abbreviations - Freq Req Threads - Free Credit Reports - What Steps Do I Take?DV? PFD?
Message 4 of 4
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