Something from the 1980s?! from Central Collection Unit - State of Maryland

[hapagrrl]

Hi, FICO community --

I really need some help here. I got a letter this week from "State of Maryland CCU."  The letter was very vague about what they were collecting for, but very clear about how hard they were going to come after me (of course). It looks to me like this is from the Univ of MD -- which would mean literally, absolutely from the 1980s -- I'm not even kidding. 

Should I send a DV letter? would that do any good?  I'm wondering why statute of limitations isn't being followed here - does it even apply? I mean, we are talking about literally 29 to 28 years here. Also, being that I was 17 or 18 at the time, I doubt I would have signed any papers - my dad might have done that (and he has long since passed away). In any case - any advice?

[bstone]

Certainly find out what the debt is for, if it was a school (college) related debt you could certainly be responsible for it and SOL generally doesn't apply to education debts.

[RobertEG]

It appears to be a collection being handled internally by the original creditor's collection department, in this case, a state agency.

Thus, they do not appear to be a debt collector under the definition provided in the FDCPA.

The DV process only applies to debt collectors.

Did the letter contain any discoussion or advisement that the alleged debt is now outside of the state statute of limitations on debt?

Could it possibly have been incurred as a government insured or guaranteed loan?

You need more info.  While it is a bit cloudy as to whether you can use the DV process to request debt validation, I would certainly send them a request for more information regarding the establishment of the debt. 

Based on the age of the alleged debt, it appears to be outsider of SOL, and thus a time-bared debt for any legal action on their part.

Additionally, being more than 7 years plus 180 days after any date of first delinquency, it cannot appear in your credit report.

Thus, you have no concern about their reporing of the debt, either as a creditor or debt collector.

However, you do still have someone out there alleging an unpaid, delinquent debt, so I would advise getting that mattter resolved and not simply ignoring it as being a time-barred debt )i.e., outside of SOL).

[hapagrrl]

Hi, Robert - no, the letter mentioned absolutely nothing about the debt being outside of SOL. It said that they were going to "certify to the Income Tax Division" that I was "indebted," and that I have the "right to request that the Unit investigate the circumstances and confirm or modify the existence of amount of the debt," which I will of course do. It just seems wildly odd that they'd be coming after me after all these years; honestly, this is about the last thing I need. 

Does anyone know of a sample letter I can use for soemething like this?

[RobertEG]

It appears to be a tax lien?

[Anonymous]

If I'd received such a letter, I would be politely asking them to do just what you said the letter allows.  What an "interesting" situation... do keep us in the loop about how it all plays out.

[Anonymous]

This is an interesting phrase:  ""right to request that the Unit investigate the circumstances and confirm or modify the existence of amount of the debt,". The only two options they are offering you seems to be that they will either "confirm the amount" or "modify the amount." They're moving a little too fast here--they haven't demonstrated that you're the legal owner of the debt--and if not, why not? Ask for that proof in the form of photocopies of a signed document which obligates you legally to pay this. Cite the unusually long timeframe and the fact that you may have been a minor at the time as your reason for requesting more specific documentation than they initially offered.

If they give you any trouble, you might consider paying an attorney to send them a stern letter to either produce the proof, or back off.

[hapagrrl]

Hi, RiverGal and Everyone --

I sent them a (CMRR) letter this week, asking for more information and an investigation as to what this is supposedly for as well as any supporting documentation. Just like a DV, but without citing anything legal and much nicer, of course. 

I'll give an update as soon as I hear anything back.

In the meantime, thank you all so much -- as ever -- for the words of support!

[Anonymous]

hapagrrl, did you ever hear anything back re. this? Just curious. :-)

[hapagrrl]

Hi, rivergal -

No word yet and it's been over a month now.. I'm surprised they didn't even send a "oops, our bad" letter. Not sure what to make of it and/or what to expect from it all...