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just received letter from collection agency trying to collect on a nine year old debt

jbmello
Established Member

Re: just received letter from collection agency trying to collect on a nine year old debt

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.
Message 11 of 21
Brammy
Moderator Emeritus

Re: just received letter from collection agency trying to collect on a nine year old debt



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

Message 12 of 21
Noah_Bodie
Senior Contributor

Re: just received letter from collection agency trying to collect on a nine year old debt

Bruiser,
 
Actually, you can't C&D Best Buy, at least not under FCRA. They are an OC (original creditor) not a CA (collection agency). You can C&D a CA under FDCPA.
 
If they keep calling or writing, not sure whether they are in violation. Easiest way to get them off your report is to contact the credit bureau. Tell 'em the account was included in your bankruptcy.
 
Moderator deleted my previous post. Apparently, and it's no surprise, MyFico would rather consumer not know about the laws which protect them and the many perfectly legal ways one can fight credit bureaus, collectors and creditors who violate the law. Happens with a great deal of frequency.
 
Message 13 of 21
Bruiser
Regular Contributor

Re: just received letter from collection agency trying to collect on a nine year old debt

Thanks,
I didn't get to read that one post. Send it to me by email if you can. bruisertrixie@charter.net .
BK 7 Filed: 08/07/15
BK 7 Discharged: 11/04/15
Discharge Scores: Equifax (572) - TransUnion (586) - Experian (511)
Goal: 700+
Credit Cards: NFCU nRewards ($500) - CapOne Platinum ($300) - CapOne QuicksilverOne Rewards ($300) - Victoria's Secret ($250) - Firestone ($1200)
Auto Loan: NFCU ($34.6K @ 7.7%)
Message 14 of 21
Noah_Bodie
Senior Contributor

Re: just received letter from collection agency trying to collect on a nine year old debt

jbmello,
 
You are partly correct about the Ohio SOL. It's 15 years for written and promissory accounts, but it's only 6 years for oral and open-ended accounts. Credit cards are open-ended accounts.
Message 15 of 21
boots302
New Member

Re: just received letter from collection agency trying to collect on a nine year old debt

1 )  Does anyone know the SOL in Delaware?
2)  Is this debt gonna keep bothering me till i pay it ?
3) If I pay it will the CA put it on my credit report as a paid collection ?.....right now it is not on my credit report at all
Message 16 of 21
Noah_Bodie
Senior Contributor

Re: just received letter from collection agency trying to collect on a nine year old debt

1) SOL is 4 years for Open-ended Accounts (which includes credit cards), 3 year for all others.
2) It depends
3) Almost definitely yes, if you pay it you will get a paid collection--only slightly better than an unpaid collection. Did the CA call or write?
Message 17 of 21
boots302
New Member

Re: just received letter from collection agency trying to collect on a nine year old debt

They sent me a letter with a settlement offer.
So  right now it is not on my credit report....but if i pay it they will probably put it on there.
So I would be worse off then I am now..if i just pay it?
 
Also...does the SOL apply for the state i currently live in....or the state where i lived when the account was opened?


Message Edited by boots302 on 04-12-2007 10:02 PM
Message 18 of 21
Noah_Bodie
Senior Contributor

Re: just received letter from collection agency trying to collect on a nine year old debt

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.

Message 19 of 21
boots302
New Member

Re: just received letter from collection agency trying to collect on a nine year old debt

Yes this was first communication...I will DV them...thanks
 
Does medical collections Have a SOL ?
Message 20 of 21
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