Question about Collectors

[frugalQ]

I was talking to a relative about how I rebuilt my credit, and she asked me a question that I could not answer.  I told her that I would post it here to see if I could get some advice for her.

There is a collector calling her for a bill from 2003.  According to her, they are threatening to sue her in court for this bill.  I told her that I didn't think they could since the SOL for her state is 6 years for a written contract. 

Is SOL absolute, or is there a way around SOL to collect?  She wants to pay it, but she's afraid that if she comes in contact with them, it may do more harm than good.

Any thoughts is greatly appreciated.

Thx!

[Booner72]

The only way SOL would restart is if she made a payment.  Talking to them does not do that.  She needs to let them know that phone calls are not convenient in writing, and from now on to contact her only at XXX address.

remind her then can collect on this forever.  They just can't get anything unless she pays it, nor can the report on her reports past the CRTP.

[frugalQ]

thank you so much for this information.

what i will suggest to her is if she's planning to pay it, she needs to pay it off in one payment (whether it's settlement or PIF).  She will also need to get in writing that the agreed upon payment will satisfy the debt and all attempts to collect will cease.

i've recommended that she check out this site to gain valuable information related to anything credit related.

thx again!!

[pizzadude]

+1 to booner's comments ~ since the debt is past SOL and CRTP it's really up to her how she wants to handle it.   She can instruct the CA not to call and they will only be able to send letters in their attempt to collect.    I would also advise her to inform this CA that making threats like that are a violation of the FDCPA and that she could take action against them based on that.

[MarineVietVet]

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@frugalQ wrote:

I was talking to a relative about how I rebuilt my credit, and she asked me a question that I could not answer.  I told her that I would post it here to see if I could get some advice for her.

There is a collector calling her for a bill from 2003.  According to her, they are threatening to sue her in court for this bill.  I told her that I didn't think they could since the SOL for her state is 6 years for a written contract. 

Is SOL absolute, or is there a way around SOL to collect?  She wants to pay it, but she's afraid that if she comes in contact with them, it may do more harm than good.

Any thoughts is greatly appreciated.

Thx!

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I won't post all of FDCPA 807 but here is part of it.

807. False or misleading representations

A debt collector may not use any false, deceptive, or mis­leading representation or means in connection with the col­lection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.

(5) The threat to take any action that cannot legally be taken or that is not intended to be taken.

[frugalQ]

thank you all so much for this information!!!  i spoke to my relative this morning and gave her this information.  She contacted the collector and was able to get an agreement in writing that they would deem the account paid in full if she paid a settlement of $200.  According to her, they didn't say it explicitly, but they agreed that there was nothing they could do besides waste money to try and collect.

She is so excited.  I think this is exactly what she needed to give her motivation to get started rebuilding credit.

thanks to everyone on this site!!!