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jbmello wrote:
actually the statutes for some states is 15 years to still sue you even if your a collection agency. Ohio Is 15 years. My ex got sued for a debt that was from 1995 recently. A letter a her lawyer wrote for validation made them drop the law suit. they sold the account and she is being sued in court again by another company for the same debt. there is a page that has all the statues for different types of debt . I think it on credit info or somewhere like that.Are you talking just CC debt or liens and such. I had a website and saw nothing with an SOL that long... Glad here its only 4 yrs
Unless you get a written agreement from them to delete all reporting to all credit bureaus on the account, don't sign and don't pay, yet.
I can point you to a number of folks, on other forums, myself included, you mistakenly believed, "Well, if I just pay what I owe, my credit will improve, I mean because I paid it. That only makes sense."
Might make sense, but it ain't reality. Paying a collection gives you a paid collection. Insult to injury, in some states, paying a collection resets the 7 year reporting period so it can stay on your credit report for 7 more years.
There is a difference of opinion about the SOL, and there is a body of opinion a collector can use a longer SOL from the state where the debt agreement was signed. To claim an SOL from a state other than where you live now, they are almost certainly going to have to sue you in that state. Under the FDCPA, collectors can you sue either in the state where you reside now or where the agreement was signed. However, many states have a number of protections that make this quite unlikely. State Collection Practices Acts or states that flat won't recognize foreign judgements from other states. If they did, and got a judgement against you, getting it vacated on a number of grounds appears very likely. Wrong venue, wrong jurisdiction, motion to vacate, improper service, et al.
Bottomline, they are almost certainly going to have to adhere to the SOL of the state where you live, and they will have to sue you there.
Was this their first communication with you? If so, DV 'em.