topic Re: CA calling on CC Debt removed from CR in Rebuilding Your Credit

CA calling on CC Debt removed from CR

Anonymous — Fri, 09 Jan 2009 05:58:36 GMT

Hi Everyone - First off - I apologize as I'm a newbie to the boards and thread-writing. I'm sure there are threads to this already - but with so many threads - I couldn't find a match. I just received a collection call for a credit card debt that is over 15 years old. The account is not even on any of my credit reports any more. To be honest, I can't even remember the last time it showed on any report. Before I had a chance to find out which CA was calling, I arrogantly said how can you collect on something over 15 years old. Then she said the collection will procede, thank you for your time. After 2 hours of thinking it over and reviewing my reports to make sure it's not on there, I'm starting to get a sour feeling in my stomach. Please advise - how concerned should I be? I'm in California - I think the SOL is 7 years? Would there be any SOL's over 10 years? OK - I'm getting a little bit more concerned now. Please help.

Re: CA calling on CC Debt removed from CR

Anonymous — Fri, 09 Jan 2009 06:05:12 GMT

Do you live in the same state that you did when you opened the account?

SOL for California is 4 years on CC debt.

Check the link in my signature titled "state resources" to see what resets SOL and what doesn't.

Did you admit to the debt?

I wouldn't talk to them on the phone anymore.

They can collect forever. They can not report after CRTP has expired. They can sue at anytime, but if they sue past SOL you have a defense and can go to court and say this is time barred debt by the statutes of California and they will lose.

If you determine SOL hasn't been reset and is expired, I would send them a cease and desist letter.

Re: CA calling on CC Debt removed from CR

Anonymous — Fri, 09 Jan 2009 06:41:03 GMT

Yes - I still live in California. Question - how can I determine if the SOL was reset or not if the account hasn't been on my CR's any more. How can I confirm when it was removed? Can you point me to a thread about how a debt can get passed around from one CA to another and how they keep it "active"? I'm confused now - I thought that headache was over. Please advise.

Re: CA calling on CC Debt removed from CR

Anonymous — Fri, 09 Jan 2009 07:52:56 GMT

you don't need to prove anything - if sued, you just claim affirmative defense that the debt has expired. at that point the other party has the burden of proof - which, for what you say, does not exist.

debt can stay alive forever. there is still people going after WWII damages or assets lost in Cuba 50 years ago....

i would send them an SOL letter, with a C&D notice never to call you again.

Re: CA calling on CC Debt removed from CR

Anonymous — Fri, 09 Jan 2009 12:20:25 GMT

Check out this link, towards the bottom around section 360.

If you have had nothing to do with this debt for more than 4 years, then you are out of SOL.

Just don't acknowledge the debt, set up a payment arrangement, or anything to be safe.

Once you send them a past SOL letter and C&D, as suggested, then you shouldn't hear anything more from them.

Re: CA calling on CC Debt removed from CR

Anonymous — Fri, 09 Jan 2009 15:26:03 GMT

@Anonymous wrote:
Hi Everyone - First off - I apologize as I'm a newbie to the boards and thread-writing. I'm sure there are threads to this already - but with so many threads - I couldn't find a match. I just received a collection call for a credit card debt that is over 15 years old. The account is not even on any of my credit reports any more. To be honest, I can't even remember the last time it showed on any report. Before I had a chance to find out which CA was calling, I arrogantly said how can you collect on something over 15 years old. Then she said the collection will procede, thank you for your time. After 2 hours of thinking it over and reviewing my reports to make sure it's not on there, I'm starting to get a sour feeling in my stomach. Please advise - how concerned should I be? I'm in California - I think the SOL is 7 years? Would there be any SOL's over 10 years? OK - I'm getting a little bit more concerned now. Please help.

Welcome to the lovely and heartwarming world of "As the Junk Debt Collectors Churn."

Really, that's more than likely what happened. You had an old, old, old debt -- too d@mned old to report anymore so the original CA's sold it over and over again ('cause they know THEY'VE not been able to collect on it, so they make it someone else's headache) until it's fallen in the hands of the weenies you just got a call from.

Arrow nagged us for YEARS, offering settlements on an old (16 year old) CC DH had in college (circa late 80s). Just a few months ago, we got the ever-so-generous offer of a settlement of $2K on an $8K debt (the debt was originally $500, BTW -- the extra is interest) with the promise not to report to the CRAs and to delete any tradelines on the CRs that might be there for this account.

I gave myself the luxury of laughing my BUTT off at that offer. In fact, as I write this, I'm giggling like a 10 year old school-girl with a crush. And I don't know what's funnier -- that they think *I'M* so stupid as to believe that they can reinsert this debt onto DH's CRs, or the fact that they think it's a REAL threat!

In any case, join the "Thumb Your Nose at the JDBs" club and send that SoL/C&D letter off in the mail. Then have yourself a really GREAT laugh. Not only are you smarter than the average CA, you can prove it!!