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Established Member
erickedgar
Posts: 15
Registered: ‎11-08-2013
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Dunning letter for 7 year old debt

I've been searching the forums for a similar situation, but have had no luck.

 

I recently received a dunning letter for a 7 year old debt. The debt is an old medical collection that fell of my Transunion report on December of 2013. I believe I read that CA can collect for 7 years plus 180 days. I would hate for this to report  again. Any suggestions on the best way to handle this?

Frequent Contributor
DrJim
Posts: 382
Registered: ‎10-26-2009
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Re: Dunning letter for 7 year old debt


erickedgar wrote:

I've been searching the forums for a similar situation, but have had no luck.

 

I recently received a dunning letter for a 7 year old debt. The debt is an old medical collection that fell of my Transunion report on December of 2013. I believe I read that CA can collect for 7 years plus 180 days. I would hate for this to report  again. Any suggestions on the best way to handle this?


You are thinking about how long it can report on your CR, not SOL.  Check out the SOL for your state and if it outside the SOL they cannot sue.  If it is beyond the 7 years plus 180 days they can't report anymore either.  Tell them to go pound sand, they are bottom feededrs.



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Established Contributor
CreditHealthy
Posts: 718
Registered: ‎05-22-2011
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Re: Dunning letter for 7 year old debt

Tell them to KICK ROCKS!!!...LOL! Please throw the letter in the trash!

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Established Member
erickedgar
Posts: 15
Registered: ‎11-08-2013
0

Re: Dunning letter for 7 year old debt


DrJim wrote:

erickedgar wrote:

I've been searching the forums for a similar situation, but have had no luck.

 

I recently received a dunning letter for a 7 year old debt. The debt is an old medical collection that fell of my Transunion report on December of 2013. I believe I read that CA can collect for 7 years plus 180 days. I would hate for this to report  again. Any suggestions on the best way to handle this?


You are thinking about how long it can report on your CR, not SOL.  Check out the SOL for your state and if it outside the SOL they cannot sue.  If it is beyond the 7 years plus 180 days they can't report anymore either.  Tell them to go pound sand, they are bottom feededrs.


I live in Texas and it is outside the SOL. Right now, I'm still within that 180 day time frame which has me worried. Thanks for your response!

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tomfromrictmame
Posts: 349
Registered: ‎06-23-2013
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Re: Dunning letter for 7 year old debt


erickedgar wrote:

DrJim wrote:

erickedgar wrote:

I've been searching the forums for a similar situation, but have had no luck.

 

I recently received a dunning letter for a 7 year old debt. The debt is an old medical collection that fell of my Transunion report on December of 2013. I believe I read that CA can collect for 7 years plus 180 days. I would hate for this to report  again. Any suggestions on the best way to handle this?


You are thinking about how long it can report on your CR, not SOL.  Check out the SOL for your state and if it outside the SOL they cannot sue.  If it is beyond the 7 years plus 180 days they can't report anymore either.  Tell them to go pound sand, they are bottom feededrs.


I live in Texas and it is outside the SOL. Right now, I'm still within that 180 day time frame which has me worried. Thanks for your response!


They can try to collect the debt "forever".  So neither the SOL nor the exclusion under FCRA limits their ability to collect; it's still a debt.

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DrJim
Posts: 382
Registered: ‎10-26-2009
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Re: Dunning letter for 7 year old debt

Yes they can TRY to collect.  They cannot sue if outside the SOL and they cannot report after the CRTP.  OP seemed to be confusing SOL with CRTP, that is all I was saying.  You can, however, send a cease and desist letter.



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Shogun
Posts: 12,952
Registered: ‎04-15-2011
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Re: Dunning letter for 7 year old debt

It's an old debt.  We call these zombie debts when hey pass the SOL and the CRTP.  They can still try to collect, but they can't sue you or report to your CR.  You can eiTher settitle it or send a cease and desist?


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Moderator
Shogun
Posts: 12,952
Registered: ‎04-15-2011
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Re: Dunning letter for 7 year old debt

Sorry for the typos, on my ipad and I'm not very good typing on it.


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RobertEG
Posts: 18,422
Registered: ‎03-19-2007
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Re: Dunning letter for 7 year old debt

Telling them to pound sand or kick rocks accomplishes nothing, as one cannot tell a creditor or debt collector to cease legitimate efforts to collect on a delinquent debt.

It suggests that the consumer no longer has obligation for the debt.  Tenuous advice.

 

They can continue legitimate efforts to collect on the debt.  One can send a cease communication letter under FDCPA 805(c), but that only bars communications witht he consumer.  It does not bar other actions, such as continued pulls of the consumer's credit report.  And if and when the consumer may decide to negotiate payment of the debt, the cease communication bar will be an impediment.

 

They are aware that a consumer may, in the future, apply for credit where the potential creditor will ask for disclosure of any unpaid, delinquent debt, and that its payment may be required as a conditon of that credit approval.  The obligation does not become a non-issue based on expiration of either SOL or credit report exclusion of their collection.

 

If it is a legitimate debt, there are substantial benfits to paying.  I would, if past SOL and credit report exclusion, attempt a settlement for less, thus getting the debt discharged at a lower cost.

 

 

 

Established Contributor
CreditHealthy
Posts: 718
Registered: ‎05-22-2011
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Re: Dunning letter for 7 year old debt

RobertEG, Kick Rocks is just a figure of speech, i was not implying for the OP to tell them anything of the sort, i'm sure the OP knew what i meant. On the other hand, this sort of thing has happened to me as well, with a creditor trying to collect past the statue of limitations and i ignored the attempt and they simply just went away. it's a game that they all play, and those of us that are in this situation are all players. I'm not trying to misinform the OP by ANY MEANS or am I in any position to give legal advice,we all know on here that we do things in terms of credit at our own risk. But you on the other hand always seem to give very sound advice on everyone's situation whenever they post as if you were an expert of some sort. We are only trying to help those in need.

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