Convergent Trying to collect 12 year old debt

[Anonymous]

Hi All, thanks for any tips or help.  I just moved to Washington three months ago and I just got two collection notices from Convergent for accounts that were opened in 1998, and closed in 2000.  What should I do to handle this?  Last year, I let a creditor run right over me and had to pay them $755 after they sued me over a debt I was not sure that was mine.  I would like to avoid this from happening again.  What are my next steps, obviously these accounts are way past both Oregon (where I moved from) and Washington, where both states have 6 year SOL laws on contract accounts.  I also have not seen these accounts on my credit report in YEARS.

I TRIEd to get new credit reports today after being denied a credit union loan, however, both transunion and Equifax are stonewalling me.  (Seperate thread)

Thanks again all.

[Anonymous]

Any tips on where I can research a course of action?

[acrylic51]

Have you pulled your yearly reports to see them listed on your CR??? What was the DOFD listed in the account? The DOFD and knowing your states SOL would be very important. If the account is that old i'd assume you should be past SOL, but a guess though. Did you possible make payments on that account?

[llecs]

They are allowed to collect past your state's SOL and past the federal 7-7.5 yr CRTP. If you are in the clear, I personally would ignore them. If they called me too much, maybe I'd send a DV and see what happens.

As you know now, always answer a summons and appear in court if past SOL.

[Shogun]

Just because it's past the SOL and the CRTP doesn't mean the debt has gone away.  It just limits the legal actions they can take against you.  Yes, they can still sue you, except in California I believe it's illegal to sue past the SOL.  You still have to answer the summons and use the SOL as a defense.  If they are bothering you and you know it's past the SOL, send a Cease and Desist letter.

[RobertEG]

They are apparently attempting to collect a debt upon which both the SOL for commencing legal action has expired, and the credit report exclusion period has passed.

There is nothing wrong, per se, in those efforts.  If the debt remains unsatisfied, their actions are legitimate.

You can do several things, depending upon your mood, once you are sure that your SOL has expired.

1. You can simply ignore them.

2. You can send them a cease communication letter under FDCPA 805(c), which blocks any further communication with you or your spouse.

3. You can send them a DV

4. You can pay the debt.

Path 1 is easy, but wont stop their calls or letters.

Path 2 will stop their calls or letters, but wont block them from third party calls to locate you.

Path 3 will block any and all collection activities on their part, period, until such time as they provide the requested debt verification.

It is a more comprehensive bar than a cease communication letter, but would expire if they provided debt verification.

However, the ability to invoke a cease collection bar by sending a DV relies upon its timeliness (i.e., they either have not sent dunning notice, or if so, less than 30 days has expired from the date of their dunning notice).

Path 4 will remove any issue of unpaid, delinquent debt from your credit history.  It may still pop up, even if excluded from your CR.

As for taking action against current improper collection activities, if they did not, within 5 days after any initial communication with you, send you formal dunning notice, then they are in violation of FDCPA 809(a).  If so, send a formal complaint to the FTC, which they will be required to answer.