Very old debt returning to haunt me

[Anonymous]

I am getting collection calls from what I assume is a third tier collection agency demanding I repay a loan that was supposed to be paid off in 1999.  The lender apparently misquoted the payoff amount and our home equity loan didn't pay off the $45 balance.  The new balance is $1375.00 due to interest and a wide assortment of fees.

My ex-spouse is also getting notices and I am sure she included this account in her bankruptcy.  The debt is also 12 years old and the original creditor gave up long ago.  I was not in on the bankruptcy, so I suppose I could be liable for the debt.  I got one notice from the company and have set my cell phone to not ring when they call me several times a day.

If I write them to request proof of debt, can they construe that as initiating contact and reset the clock on their collection efforts?  This thing is already nearly 12 years old and I don't want them calling me for the next 7 years.  I am waiting for them to sue me and take it to small claims court where I am sure the magistrate will toss their case if they don't have proof that I owe the money.  Anyone have any suggestions?  If they are this shady, will they actually stop calling me if they don't have proof?

[chasmith]

Disputing the debt won't restart SOL.  You should start with a DV though.

Some disagree, but the first sentence of any letter I write in this sort of situation is "I deny I owe this debt".

[IOBA]

Definitely DV them CMRR.

Pull out your old paperwork.  If the debt is 12 yrs old, it's past SOL.   Which just means it can't be put on your (or your x's) CR.   It also means that if they sue you, your defense is SOL.

Work with your x on this please.   You both need to know what your rights are, how to proceed, be on the  same page, etc.   Neither of you should talk to the CA on the phone.  Only written communication.

In this case, I agree with Chasmith --- you were told a pay off figure, and you should have something that says it was paid off.

[RobertEG]

I assume that the debt is now outside of SOL, so wont address the threat of legal action.

The first thing I would ask is when did the debt collector first call you?  That triggered their obligation to send you a formal collection (dunning) notice within 5-days of that initial communication with you.  FDCPA 809(a).  Did they do this?

You have the right to request debt validation (DV) with them, under FDCPA 809(b).  That is strictly a private communication between you and them.  It is unrelated to credit reporting, and does not "update" anything.  Waht it will do, if timely submitted, is to require them to cease all further collection activity until such time as they provide debt validation.  I dont think they will ever be able to do that, so that is a good first step to get them off of your back.

I presume that it is not showing on your CR simply because it is now more than 7 1/2 years from the DOFD on the OC account.  The DOFD is the only date of concern to you as pertains to any  credit reporting.  The debt collector cant reset the DOFD, for that is based on the OC account, and not their CA reporting.

The debt collector can continue to report their collection to a CRA at any time, without limitation.  But that is kinda fruitless.  Anything reported by them is barred from any inclsuion in any CR that a CRA issues after expiration of the 7 1/2 year period from DOFD.  So it will just gather dust in your credit file.

If you want them to just leave you alone, your recourse is simple.  Just send them a letter under FDCPA 805(c) notifying them to cease all communication with you regarding that debt.  That notification is legally binding upon their date of  receipt.

[MarineVietVet]

---

@RobertEG wrote:

I assume that the debt is now outside of SOL, so wont address the threat of legal action.

The first thing I would ask is when did the debt collector first call you?  That triggered their obligation to send you a formal collection (dunning) notice within 5-days of that initial communication with you.  FDCPA 809(a).  Did they do this?

You have the right to request debt validation (DV) with them, under FDCPA 809(b).  That is strictly a private communication between you and them.  It is unrelated to credit reporting, and does not "update" anything.  Waht it will do, if timely submitted, is to require them to cease all further collection activity until such time as they provide debt validation.  I dont think they will ever be able to do that, so that is a good first step to get them off of your back.

I presume that it is not showing on your CR simply because it is now more than 7 1/2 years from the DOFD on the OC account.  The DOFD is the only date of concern to you as pertains to any  credit reporting.  The debt collector cant reset the DOFD, for that is based on the OC account, and not their CA reporting.

The debt collector can continue to report their collection to a CRA at any time, without limitation.  But that is kinda fruitless.  Anything reported by them is barred from any inclsuion in any CR that a CRA issues after expiration of the 7 1/2 year period from DOFD.  So it will just gather dust in your credit file.

If you want them to just leave you alone, your recourse is simple.  Just send them a letter under FDCPA 805(c) notifying them to cease all communication with you regarding that debt.  That notification is legally binding upon their date of  receipt.

---

I agree. This should make them go away for good.

From a BK years ago to:
EX - 9/09 pulled by lender 802, EQ - 10/10-813, TU - 10/10-774

"Some people spend an entire lifetime wondering if they've made a difference. The Marines don't have that problem".